10-24-72 OCTOBER 24f 1972.
A regular meeting of the City Council of the City of
Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M.,
on Tuesday, October 24, 1972, with Mayor James H. Scheifley pre-
siding, City Manager J. Eldon Mariott, City Attorney G. Robert
Fellows, and Council Members Grace S. Martin, J. L. Saunders,
Leon Mo Weekes and O. F. Youngblood present.
1. The opening prayer was delivered by Dr. G. W. Phillips,
Greater Mount Olive Baptist Church, Delray Beach, Florida.
2. The Pledge of Allegiance to the Flag of the United States
of America was then given.
3. The minutes of the regular meeting of October 9, 1972,
were unanimously approved on motion of Mrs. Martin, seconded by
Mr. Youngblood.
4.a. Mr. Weekes requested Mr. Robert Chapin, Attorney, 1045
East Atlantic Avenue, Delray Beach, to advise Council of the most
recent developments in the ~ase involving Mebra Development Corpora-
tion and its efforts to obtain site plan approval on property in
Section 28, Township 46 South, Range 43 East, lying between State
Road A1A and the Atlantic Ocean, 2175 South Ocean Boulevard, which
had previously been denied. Mr. Chapin outlined the history and
background in the case. He stated that the plaintiff had agreed
to amend the site plan by reducing the two 6-story residential
buildings, with a maximum height of 65 feet, to two 5-story
residential buildings with parking underneath, or a maximum height
of 54 feet, thereby eliminating 12 apartments. They had sought to
build 138 units on the property. The plaintiff would further
reduce the density of their proposed project to a maximum of 17.6
living units per acre. Mr. Chapin said that such a site plan
would be submitted within the next two (2) weeks. He recommended
that Council review the revised site plan and that it be approved
at a regular meeting, if it meets with Council's approval. If this
is accomplished, the plaintiff has agreed to pay all of the Court
costs in the case, and would release the City and members of Council
of any and all claims it may have against them. In negotiating on
behalf of the City, Mr. Chapin stated that he had been guided by
the proposed future land use plan and the laws applicable to this
case, and he felt that the best results had been achieved. Mr.
Chapin requested authorization to enter into such a settlement to
be presented to the Circuit Court sometime this week or in the
early part of next week.
Mr. Weekes made a motion, seconded by Mrs. Martin, and
unanimously carried, that Council authorize the Attorney for the
City to enter into the Agreement as outlined. ~
4.b. Mayor Scheifley extended an invitation to anyone who was
interested in the Beach Restoration Program and the Bond Program to
attend a luncheon at the Delray Beach Club, on Wednesday, October 25,
1972, at 12:15 noon. Congressman Paul Rogers and Col. Emmett Lee,
United States Corps of Engineers, will present an up-to-date status
report on the Beach Restoration Program.
5.a. Mr. Peter Smith, of the Jaycees of Delray Beach, pre-
sented an award to Capt. Michael Todd Jackson as Outstanding Fireman
of the Year, and also to Patrolman Matthew Mitchell, Jr., as Out-
standing Law Enforcement Officer of the Year.
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5.b. Mayor Scheifley read a duly signed and executed
Proclamation dated October 24, 1972, declaring November 5 through
November 11, 1972, as
ZONTA INTERNATIONAL WEEK
and presented same to Mrs. Dorothea Montgomery, Past President.
5.c. Mr. Michael Garlick, 2655 N. E. 189 Street, North Miami
Beach, Florida, appeared to represent Mr. Eugene D. Pflug and the
International House of Pancakes, in connection with a request for a
building permit for construction on his clients' property located
in Section 9, Township 46 South, Range 43 East, lying between Dixie
Highway and U. S. Highway 1, approximately 420 feet North of N. E.
8 Street.
The City Manager explained that under ORDINANCE NO. 16-72
the Planning and Zoning Board studied said request. A motion was
made that the Board report to the City Council that while the request
for a building permit does not comply with the future land use, it is
compatible with surrounding existing uses. On voting on this motion,
the results were 3 - 3.
Following a general discussion, it was agreed that the City
Council would hold a workshop meeting as soon as possible with regard
to issuance of a building permit and the use of the above described
property.
5.d. Mr. Dean Luce, 36 South Ocean Boulevard, who represented
a number of Delray Beach residents; read an extensive statement
r~garding the State Road A1A and the Beach Erosion situations. He
went into detail about his notification to the City and the State
Department of Transportation concerning the critical condition that
exists.
6.a. City Manager Mariott explained that the City Administration
and the members of the International Association of Fire Fighters,
Local 1842, have been negotiating a union Agreement for the 1972-
1973 fiscal year. He recommended that Council authorize by motion
the execution on behalf of the City by the City Manager of the
above described Agreement. Mr. Mariott and Mr. James Helvenston,
President of the local union, expressed their appreciation of the
mutual cooperation with which the Agreement had been achieved.
(Copy of the above described Agreement is attached to the official
copy of these minutes.) ~
Mr. Youngblood made a motion to approve the City-Union Agreement,
as described by the City Manager, seconded by Mrs. Martin, and
unanimously carried.
6.b. The City Manager reported that only one bid had been
received by the City for the paving of a North-South alley between
N. E. 2 Street and N. E. 3 Street, located between N. E. 2 Avenue
and N. E. 3 Avenue, in the amount of $7,362.00 by Hardrives of
Delray, Inc. This bid was considerably in excess of the City's
estimate for the project. Hardrives of Delray, Inc., has since
agreed to do the work for $5,500.00 after the City deleted Certain
substantial aspects of the planned contract, which work could be
done by the City. He recommended that Council authorize the
awarding of a contract to Hardrives of Delray, Inc., in the amount
of $5,500.00. Mr. Weekes moved that this recommendation be
accepted, seconded by Mr. Youngblood, and unanimously carried.
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10-24-72.
6.c. City Manager Mariott stated that an Agreement between
the City of Delray Beach and the State of Florida Department of
Natural Resources was one of the steps necessary in the initiation
of completion of the Beach Erosion Control Program. He recommended
that Council authorize the execution of an Agreement with the
Department of Natural Resources on behalf of the City. Mr.
Weekes made a motion that the City Manager be authorized to enter
into Agreement No. BBS-72-24 with the State of Florida Department
of Natural Resources, seconded by Mr. Saunders, and unanimously
carried.
(Copy of the above described Agreement is attached to the official
copy of these minutes.)
6.d. The City Manager reported that the terms of Mr. Andrew
Gent and Colonel Theodore L. Poole, Jr., as members of the Planning
and Zoning Board, expired on September 28, 1972. He requested
Council to consider filling the vacancies, which would cover a
5-year term. Mrs. Martin made a motion, seconded by Mr. Saunders,
and unanimously carried, that Mr. Andrew Gent and Colonel Theodore
L. Poole, Jr., be appointed to 5-year terms on the Planning and
Zoning Board.
6.e. City Manager Mariott suggested that Council consider the
acceptance of the resignation of Mr. John L. Pitts, III, from the
City's Beautification Committee. Mr. Saunders moved that the
resignation of Mr. Pitts be accepted with regret and suggested
that some form of recognition be prepared to present to Mr. Pitts
at the next meeting. Said motion was seconded by Mr. Weekes and
unanimously carried. Mayor Scheifley expressed his appreciation
of Mr. Pitts' faithful and loyal service to the Beautification
Committee and supported Mr. Saunders' suggestion that Mr. Pitts be
presented with an appropriate award in appreciation of his
services.
The Secretary of the Beautification Committee informed
Council that it would have a suggestion for a replacement at the
next City Council meeting.
7.a. The City Manager reported that the City had received a
request from Mr. Arthur L. Trask for annexation of Lot 50, Lake
Shore Estates, 2002 N. W. 1 Avenue, subject to R-1AA zoning, for
the purpose of building a single family residence thereon. He
recommended that Council authorize the drafting of an Ordinance
effecting the annexation to be considered at the next meeting.
Mr. Weekes so moved, seconded by Mr. Youngblood, and passed
unanimously. ~
7.b. City Manager Mariott informed Council that a request
from Mr. Fred A. Beever, 311 S. E. 3 Avenue, Delray Beach, for a
gratis occupational licens~ because of ag~ to work as a plumber,
had been received. He stated that satisfactory evidence establish-
ing eligibility per Section 16-4 of the City Code and Secti6n 205.162
of the Florida Statutes had been submitted, and Mr. Mariott recommended
approval of the request. Mr. Saunders so moved, seconded by Mrs.
Martin, and unanimously carried.
7.c. The City Manager reported that a request from Mr.
Andrew E. Addley, 2430 N. W. 1 Street, Boynton Beach, for a gratis
occupational license because of age, had been received. Mr.
Addley planned to work as a masseur at the Delray Beach Club,
2001 South Ocean Boulevard. Mr. Mariott stated that satisfactory
evidence as per Section 16-4 of the City Code and Section 205.162
of the Florida Statutes had been submitted and he recommended
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10-24-72.
approval of the request. Mr. Youngblood made a motion to that
effect, seconded by Mr. Saunders, and unanimously carried.
Mr. Weekes expressed his views regarding the presentation
of gratis license requests at the City Council meetings. Mr.
Mariott explained the reasons for following that procedure at this
time and hoped it would be changed.
8.a. The City Manager presented RESOLUTION NO. 50-72.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
A DRAINAGE EASEMENT OVER LOTS 242 THROUGH 261,
TROPIC PALMS, PLAT NO. 1, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 25, PAGE 101,
PUBLIC RECORDS OF PALM BEACH COUIqTY, FLORIDA.
(Copy of RESOLUTION NO. 50-72 is attached to the official copy of
these minutes. )
He stated that RESOLUTION NO. 50-72 provides for the abandonment of
a drainage easement over the West 35 feet of the East 40 feet of
Lots 242 through 261, Tropic Palms. It is intended that this
easement be abandoned in return for the applicant granting to the
City a 10-foot general utility easement over said Lots 242 through
261, immediately West of an existing 5-foot utility easement, thus
leaving a 15-foot wide North-South easement across the rear of the
lots, which would be ample for City uses. In addition, the City
would be granted easements in an East-West direction across lots at
several strategic points which would serve the City's utility needs.
Mr. Mariott recommended the passage of RESOLUTION NO. 50-72, thus
effecting the abandonment first, and then, by a separate motion,
authorize the acceptance of an easement deed, which he would
describe at a later time.
Mr. Saunders moved for the passage of RESOLUTION NO.
50-72 relative to the abandonment of a drainage easement, seconded
by Mrs. Martin, and unanimously carried.
The City Manager recommended passage of a motion authorizing
the acceptance and recording of an easement deed providing for a
utility easement over the West 10 feet of the East 15 feet of Lots
242 through 261, Tropic Palms, plus additional easements described
as follows: Three 10-foot utility easements extended easterly over
Lots 244 and 245, Lots 251 and 252, Lots 258 and 259, Tropic Palms,
to connect with the East 15-foot utility easement over said lots.
He stated that easements at these four locations would be more to
the City's advantage than the easement that was released by passage
of RESOLUTION NO. 50-72. Mr. Weekes made a motion, seconded by
Mr. Youngblood, and unanimously carried, that the easements as
outlined by the City Manager be accepted.
8.b. The City Manager presented ORDINANCE NO. 21-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ADOPTING A NEW ZONING ORDINANCE WHICH
INCLUDES A NEW ZONING MAP BY REFERENCE, WHICH
ELIMINATES DISTRICTS R-l, RM-1, RM-1A, RM-2, C-2,
AND C-3, ADOPTS DISTRICTS RM-10, RM-15, RM-20, NC,~
CC, SC, LI, HI AND INTERIM, REDEFINES ALL OTHER
DISTRICTS, ESTABLISHES NEW STANDARDS FOR OFF-STREET
PARKING AND LOADING REGULATIONS INCLUDING ALL TRAILERS
AND VEHICLES, PROVIDING FOR NON-CONFORMING PROPERTY
AND MAKING IT UNLAWFUL TO VIOLATE ANY PROVISION
THEREIN AND REPEALING CERTAIN SECTIONS OF THE PRESENT
ZONING ORDINANCE IN CHAPTER 29.
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10-24-72.
(Copy of ORDINANCE NO. 21-72 is attached to the official copy of
these minutes.)
A Public Hearing was declared open by Hayor Scheifley,
having been legally advertised in compliance with the laws of the
State of Florida and the Charter of the City of Delray Beach.
Upon the City Attorney's recommendation, City Manager Mariott read
the caption of ORDINANCE NO. 21-72.
The following individuals appeared before Council
personally, or were represented by someone, or by letter, with
reference to ORDINANCE NO. 21-72:
Mr. Walter Houghton, Secretary, Tropic Isle Civic Association,
objected to the recent change in the square footage and
number of units permitted in the proposed RM-15 zone. The
Association's feeling is that the multiple zoned area in
Tropic Isle should be RM-10 classification. A poll of
property owners resulted in 8 returns in favor of RM-15,
as revised, with 168 opposed to RM-15, as revised.
Mr. John Roberts, Contractor, 2041 N. E. 1 Avenue, Pompano
Beach, rebutted Mr. Houghton's statements regarding the
change in regulations in the RM-15 zone. He felt that
Council should know the'contents of the letter sent out by
the Tropic Isle Civic Association regarding the poll of
property owners reported by Mr. Houghton.
Mr. Thomas R. Sheehan, 405 S. E. 4 Street, Delray Beach,
asked what height of highrise buildings would be permitted
and that question was answered by Mr. Weekes. He also asked
if there is a provision in the master plan for ordinances
to control automobile and truck traffic noise in residential
areas. The City Manager said that noise is dealt with
outside the master plan. The master plan deals with land
use and land zoning.
Mr. H. S. Richardson, owner of Richardson Rug Cleaning,
30 S. W. 4 Street, located in the northwest part of
Section 21-46-43, said the area where his business is
located is completely commercial but 'is proposed for
multiple family dwellings. He asked that Council take
that fact into consideration. Mayor Scheifley informed
Mr. Richardson that Council is aware of his situation and
said there are several similar situations where the
existing structures will be nonLconforming to the master
plan. Several of these locations have been discussed and
he believed that they will be given consideration as soon
as the master plan has been adopted. Mayor Scheifley
stated that every individual case will be reviewed
carefully and believed some changes will be made.
Mr. Michael Garlick, 2655 N. E. 189 Street, North Miami
Beach, appeared for Mr. Michael Listick and read a letter
from Attorney Listick opposing the proposed rezoning from
Commercial to multiple family dwelling district of property
owned by Delray Investors, Inc., located in Section 9-46-43,
which lies between Dixie Highway and U. S. No. 1, Northl of
N. E. 8 Street. His client has plans for the construction
of an International House of Pancakes and had asked for
approval of a building permit.
-5-
10-24-72.
Mr. Elliott Nelson, Modern Roofing, 360 Coconut Row,
Palm Beach, Florida, with business located at 90 North
Congress Avenue, protested the proposed change in zoning
from industrial to multiple family dwelling of a strip of
land in the NE 1/4 of Section 18-46-43. He informed
Council that he desired to expand his business and asked
that his request for commercial zoning be considered at
a workshop meeting.
Attorney Fred Hollingsworth, representing Dr. and Mrs.
Hillert, 3401 South Federal Highway, Delray Beach,
owners of Lot 1, Tropic Isle Harbor Shopping Center,
requested an opportunity to meet with Council at a work-
shop meeting with regard to the zoning classification of
his clients' property.
Mr. Leo Blair, 882 Maurice Drive, Kingsland, Delray Beach,
owner of property in the NE 1/4 of Section 18-46-43, opposed
the rezoning from industrial to multiple family dwelling
classification. He reviewed the history of his property
and the adjacent properties being annexed into the City
at the City's request, as an industrial area, and of
dedication of land for Congress Avenue right-of-way, as a
benefit to the City. H~ asked for a hearing at Council's
workshop on this matter.
Mr. Ray Bender, part owner of Baron's K-9 Hotel, 75 North
Congress Avenue, located in the N. E. 1/4 of Section 18-46-43,
opposed the change in the permitted use of the property. He
stated that in the proposed zoning ordinance veterinary
clinics and kennels are provided for only in a HI zone with
a special exception approved by Council. Mr. Bender asked
that Council zone the area North of Atlantic Avenue and
East of Congress Avenue as HI and the area North of
Atlantic Avenue and West of Congress Avenue as LI; further,
if there is no HI zoning in that area that veterinary clinics
be permitted in the LI zone with special exception.
Mr. Rosser Elkins, Rinker Materials Corp., P. O. Drawer K,
West Palm Beach, Florida, representing property owners,
residents and working members of the subject area South
of Lake Worth Drainage District Lateral No. 32, East of
Congress Avenue, West of the Seaboard Coastline Railway
and North of the automobile inspection station located
in the East half of Section 18-46-43, presented a letter
and a petition signed by almost 100 percent of the people
in this area, and also signed by Mr. Blair, whose property
lies West of Congress Avenue, opposing the rezoning of these
properties. Mayor Scheifley assured Mr. Elkins that the
zoning of this particular area would be reconsidered by
Council.
Mr. Abraham Shapiro, P. O. Box 5125, Lighthouse Point,
Florida, said that on advice from legal counsel he was told
that he should read the following statement into the minutes:
"I, Abraham L. Shapiro, am speaking for and as the owners of
the 24.05 acres known as Lake Ray, a replat of a portion of
Tropic Palms Plat 1, City of Delray Beach, Palm Beach County,
Florida. That the o~]ers object to that part of the Ordinance
No. 21-72and this zoning ordinance and map of the City Master
Plan which affects this property and reduces its density from
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10-24-72.
20 units per acre to a maximum of 15 units per acre. Ail
possible requests to the Planning and Zoning Board and the
City Council have been made requesting the zoning of this
tract to the RM-20 rather than RM-15 and is available for
review. In view of all of the improvements, plans and
investments made on this property based on the density of
twenty apartments to the acre as well as City Ordinance No.
29-70 which permits this density at the present time the
owners respectfully request the City Council to zone this
tract RM-20 rather than RM-15 in Ordinance No. 21-72 and
zoning ordinance and map of the City Master Plan. The
owners feel that they have acted in good faith with the
City in fulfilling every development promise made to the City
so far including the current plan to continue with the
completion oft]lis project now being held up by the pending
State of Florida Department of Pollution Control. Will the
City Council, therefore, please reconsider the zoning of
this tract to RM-20 before passing Ordinance No. 21-72, and
if this isn't possible, I request a workshop meeting at the
Council' s convenience to review this matter."
Mayor Scheifley informed Mr. Shapiro that his request for
a meeting would be granted..
Mr. Ernest Simon, 78 N. E. 5 Avenue, appeared to represent
his father, Mr. A. A. Simon, owner of lands along West
Atlantic Avenue. He stated his objections to the proposed
zoning change from commercial to residential and requested
that these particular parcels of land be included in the
contemplated workshop meeting. Mayor Scheifley assured him
that any objectors will be heard at that time.
Mr. John Adams, Attorney, 50 S. E. 4 Avenue, represented Mr.
John McKee, owner of 30 acres of property East of Federal
Highway on both sides of Linton Boulevard, that is being
zoned RM-20 from commercial use. He presented his client's
objections to the change in zoning and asked for consideration
at a workshop meeting.
Mr. John L. Pitts, III, 237 Seacrest Lane, stated that Mayor
Scheifley had recently asked him if he thought that the
master plan was being emasculated by so many adjustments
being made to the plan. His understanding was that the
original reason for the master plan was so that Delray Beach
would be eligible for government funds. He felt it had
affected many people in Delray Beach. He asked Council if
their allegiance was to a perfect master plan or to the
citizens of Delray Beach. He felt their allegiance should
be to the citizens.
Mr. Melvin Muroff, 2221 N. E. 201 Street, Miami, owner bf
lands in the reserved area of Delray Beach, differed with Mr.
Pitts' opinion and felt that Council was not obligated to have
sole allegiance to the master plan or to the citizenry. His
opinion was that the master plan should be a broad and general
outline and it was possible for Council to have due regard
both to the citizenry and the master plan at the same time.
Mayor Scheifley read the following letter from Mrs. Sherman D.
Clough, 3251 Polo Drive, Delray Beach, and asked the City
Manager that it be made a part of the record:
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10-24-72.
"Request for no zoning law-change re property as described:
18-46-43, W 1/2 of N E 1/4 of S E 1/4 of S E of Ry
R/W & E 1/2 of N W 1/4 of S E 1/2 of S E 1/4.
Mr. Clough purchased this property through Koch Realty
in 1955 as commercially-zoned real estate. Taxes have
totaled in five figures with no return on investment.
Mr. Clough died in August, 1971 and I, now owner,
would like to be able to sell this property the way it
was purchased: commercially-zoned."
Mayor Scheifley read the following letter from J. Bruce
Bredin, President, Bredin Realty Company, dated October 13,
1972:
"Recently, I learned that the property known as Sandoway
East which we bought recently has been rezoned from R M I A
to R M 15. When we bought the property we did so with the
understanding that it was zoned for hotel, motel, multiple
dwelling use. I understand that the new zoning applied to
this property limits the use of the property to fifteen
units per acre.
We paid a price for the property based on hotel zoning
classification. The zoning was changed without any
notification.
Last year, we applied for a sewer permit for a line to
conform to the R M I A zoning, and it was granted. The
line has been installed, and connected to the sewer. Also
a water line has been installed. Meanwhile, we have been
formulating our plans for the development of the property
on the assumption that the property was zoned R M I A.
I respectfully request that the property be rezoned to its
original classification R M I A in order that we may proceed
with our planning."
The City Manager read the following letter into the record,
dated October 24, 1972, addressed to the City Council, from
Mr. Harold G. Maass:
"We represent Mrs. Beth N. Christenson and the Trustees
under the Will of William L. Christenson, who are the owners
of approximately eight acres'of unimproved land at the
Southwest corner of Eighth Street and Andrews Avenue.
Mrs. Christenson and the Trustees did not become aware
of the new comprehensive zoning ordinance until quite some
time after the first reading. I understand that it'will be
presented for final reading and adoption at a meeting of the
City Council to be held tonight.
On behalf of Mrs. Christenson and the Trustees under
the Will of William L. Christenson we hereby object to the
change of the zoning of their property from the existing
zoning to the RM-15 zoning classification. They do not feel
strongly about the reduction in density. However, the
limitation of only up to 10% of the building area for service
business, the limitation on the types of commercial uses and
the fact that all such businesses must be within the building,
appears to them to be more restrictive than necessary to
preserve the character of the area -- particularly in view
of the past zoning history of the area and the location of
the property.
We appreciate all of the good work which has gone into
the new ordinance and apologize for registering the objection
at this late hour.
rl~nank you for your consideration."
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10-24-72.
The City Manager summarized a letter received from
Attorney John R. Adams, who represents Peninsular Properties,
developers of The Hamlet, dated October 20, 19'72. The intent of
the letter is not to object to the planned zoning classification
for The Hamlet, which is R~-10, but concerns itself only with the
height limitation. The letter states that the developers of ~ne
Hamlet wish to build a mixture of 1, 2 and 3-story buildings.
They raise the question whether or not the new zoning ordinance
and zoning classification would restrict the height of the build-
ings to two-stories. It is their contention that they are
building under a site plan. The first phase has already been
approved by Council. It showed a mixture of up to three-story
buildings, and they wish to develop the balance of the property
thusly. Attorney Adams said that he would appreciate it if
some time prior to the effective date of this ordinance the City
Manager be directed to write a letter of confirmation that The
Hamlet is not affected. It was asked that this request be made
a matter of record.
Mayor Scheifley declared the public hearing closed.
Following a general discussion by Council, in which each member
expressed his views, ORDINANCE NO. 21-72 was unanimously passed
and adopted on this second and final reading, on motion of Mr.
Saunders, seconded by Mr. Yohngblood.
8.c. The City Manager presented ORDINANCE NO. 22-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH AMENDING SECTIONS 14-9, 14-10 AND
14-11 PERTAINING TO RECLASSIFICATION OF PROPERTY
INTO FIRE ZONES I, II AND III OF CHAPTER 14 FIRE
DEPARTMENT, FIRE PREVENTION AND FIRE REGULATION.
(Copy of ORDINANCE NO. 22-72 is attached to the official copy of
these minutes.)
A public hearing was held, having been legally advertised
in compliance with the laws of the State of Florida and the Charter
of the City of Delray Beach, and there being no objections to
ORDINANCE NO. 22-72, said Ordinance was unanimously passed and
adopted on this second and final reading, on motion of Mr.
Youngblood, and seconded by Mr. Saunders.
8.d. The City Manager presented ORDINANCE NO. 34-72.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
RELATING TO UTILITY SERVICES TAX; DECLARING THE DIS-
TRIBUTION OF FUEL OIL IN THE CITY OF DELRAY BEACH TO
BE COMPETITIVE WITH THE UTILITY SERVICES NOW TAXED;
DECLARING THE DISTRIBUTION OF CABLE TELEVISION
SERVICE IN THE CITY OF DELRA¥ BEACH TO BE COMPETITIVE
WITH THE UTILITY SERVICES NOW TAXED; AMENDING ARTICLE
I, CHAPTER 24, OF THE CODE OF ORDINANCES BY LEVYING A
UTILITY SERVICES TAX ON THE DISTRIBUTION OF FUEL OIL
AND OF CABLE TELEVISION SERVICE IN THE CITY OF DELRAY
BEACH; AND PROVIDING A SEPARABILITY CLAUSE.
(Copy of ORDINANCE NO. 34-72 is attached to the official copy of
these minutes.)
A public hearing was held, having been legally advertised
in compliance with the laws of the State of Florida and the Charter
of the City of Delray Beach°
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10-24-72.
City Manager Mariott recommended that passage consideration
on ORDINANCE NO. 34-72 be deferred to a future meeting date and until
all of the information regarding same had been obtained. Hearing no
objections, Mayor Scheifley declared the public hearing closed.
Mr. Saunders made a motion, second, ed by Mr. Youngblood,
and unanimously carried, that ORDINANCE NO. 34-72 be tabled to a
future meeting date.
8.e. The City Manager presented ORDINANCE NO. 35-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LANDS LYING IN SECTION 7,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WI~ICH LANDS ARE
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE
ZONING THEREOF.
(Copy of ORDINANCE NO. 35-72 is attached to the off'icial copy of
these minutes.)
A public hearing was held, having been legally advertised
in compliance with the laws 'of the State of Florida and the Charter
of the City of Delray Beach. Mr. Jerry Kern, 3911 Lone Pine Road,
representing the residents of his area, expressed their views and
objections regarding the zoning of a portion of the property. The
property involved is 210.47 acres on the North side of Lake Ida
Road West of Congress Avenue, subject to RM-2 zoning, with the
exception of a 125-foot strip East along Davis Road being subject
to R-1AAA zoning, and that an additional 175-foot strip be restricted
t6 landscaping only and that no structures be constructed thereon.
A recordable instrument covering the 175-foot strip of land
restricted to landscaping was to have been received by the City
prior to the second reading of this Ordinance. A properly
executed instrument covering this item had not been received by
the City at that time.
Following general discussion, Mr. Weekes moved that_
ORDINANCE NO. 35-72 be passed on second and final reading,
seconded by Mr. Saunders. Upon roll call, Mr. Saunders and Mr.
Weekes voted in favor of the motion and Mrs. Martin, Mr. Youngblood
and Mayor Scheifley were opposed. The motion did not pass.
Following further discussion concerning the recordable
instrument covering the 175-foot strip of land restricted to
landscaping, Mrs. Martin made a motion, seconded by Mr.Youngblood,
and unanimously carried, that ORDINANCE NO. 35-72 be tabled until
the Council meeting on November 13, 1972.
8.f. The City Manager presented ORDINANCE NO. 36-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 52, DELRAY
BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR THE ZONING THEREOF.
ORDINANCE NO. 36-72 was unanimously placed on first
reading, on motion by Mr. Saunders, and seconded by Mrs. Martin.
-10-
10-24-72.
8.g... The city Manager presented ORDINANCE NO. 37-72.
AN ORDINANCE OF Tim CITY COUNCIL OF THE CITY OF
DELSEY BEACH, FLORIDA, ANNEXING TO THE CIS~ OF
DELRAY BEkCt{ CERTAIN LAND, NAMELY LOT 13, LAKE
SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR THE ZONING THEREOF.
ORDINANCE NO. 37-72 was unanimously placed on first reading, on
motion by Mr. Saunders, and seconded by Mr. Youngblood.
In answer to a question, City Manager Mariott informed
Mr. Roger Ledridge, 1214 East Atlantic Avenue, that the applicant
could file for a building permit after the first reading of
ORDINANCE NO. 37-72. The City Manager suggested that Mr. Ledridge
contact Mr. Reid, Chief Building Official, and inform him that the
Ordinance was passed on first reading. The applicant would then
be permitted to proceed with construction in compliance with City
Ordinances, at his risk, and a building permit would be issued
after the property is finally annexed to the City.
8.h. City Manager Mari6tt presented ORDINANCE NO. 38-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 15, SECOND
ADDITION TO HIGH ACRES, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR TI{E RIGHTS AND OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR THE ZONING THEREOF.
ORDINANCE NO. 38-72 was unanimously placed on first reading, on
motion by Mrs. Martin, and seconded by Mr. Weekes.
9.a. The City Manager reported that at a meeting held on
October 10, 1972, the Planning and Zoning Board recommended, by
unanimous vote, that the City's off-street parking Ordinance not
be amended as requested by Vanguard Construction Company, the
developer of Stewart Arms, for the purpose of decreasing the
number of parking spaces and increasing the recreational areas.
Mr. John Greene, Project Manager of Stewart Arms,
explained the reasons for the requested off-street parking Ordinance
amendment. Mr. Andrew Gent, Planning and Zoning Board, reported on
the Board's position in this matter.
Following a general discussion, in which Mr. Kenneth
Jacobson, Chairman of the Planning and Zoning Board, participated,
Mrs. Martin made a motion to sustain the Board's recommendation
not to amend the City's off-street parking ordinance, seconded by
Mr. Saunders, and unanimously carried.
9.b. The City Manager reported that the Planning and Zoning
Board recon~ended to Council, by a four-to-one vote, with Colonel
Poole dissenting and Mr. Roy Simon abstaining, that Sovereign
Industries' site plan for the construction of 1,200 apartment
units on the following described property be denied:
-11-
10-24-72.
That part of the West 1/2 of the Southwest 1/4 of
Sec. ].8, ly}.ng South of State Road 806, and West of
Homewood Boulevard, less the West 50' thereof, and
West 1/2 of the Northwest 1/4, also the North 190'
of the West 1/2 of the Southwest 1/4 of Sec. 18-46-43,
less the West 50' thereof.
2801 - 2941 Lowson Boulevard.
The Planning and Zoning Board minutes stated that the
plans showed ingress and egress at thr~e locations on Homewood
Boulevard and on Dover Road, plus one location on Atlantic Avenue
and on Lowson Boulevard.
The City Manager stated that at a meeting held in June
the Planning and Zoning Board recommended approval of the initial
site plan for this project. That plan was reviewed by Council at
workshop at which time the applicant was requested to reduce
density, reduce height, and change the traffic pattern. That site
plan was later denied by Council. Another workshop was held on a
revised site plan at which time Council referred it back to the
Planning and Zoning Board and it was also suggested that the
developer and area property owners and their counsel get together
and work out their differences. A public hearing was held by the
Planning and Zoning Board on the revised site plan on October 17,
1972, and the City Manager ~tated that he had been requested by the
applicant to place this item on the Agenda of this meeting for
Council's consideration, although the usual procedure is for
Council to review site plans at a workshop meeting prior to
consideration at a regular meeting.
Mayor Scheifley asked Council whether it wished to take
action on this site plan or refer it to a workshop.
Mr. Donald McClosky, AttOrney for the petitioner, re-
quested that Council act on the site plan tonight.
Mr. James Hallmark, 3235 Sherwood Boulevard, President
of Sherwood Park Civic Association, said the petitioner and area
residents and their counsel did not have a meeting to work out the
differences, but they are willing to discuss the site plan at this
time if it is Council's desire.
Mr. Ernest Simon, 78 N. E. 5 Avenue, Attorney representing
a number of people on Homewood Boulevard and in Sherwood Park, re-
ported on the background of this item, the public hearings, work-
shop meetings, noticing, objections, and lack of meeting between
the developer and interested property owners.
Council agreed to review the site plan and hear from
the interested parties. Mayor Scheifley asked that Mr. McClosky,
Mr. Simon, and Mr. Kenneth Jacobson, Chairman of the Planning and
Zoning Board, come forward to the Council table.
Mr. McClosky, Attorney for the Petitioners, presented
the site plan drawings. He said they planned to develop the
property in four phases. He explained that since the initial site
plan was presented, they have included the North 18 acres, lowered
the height of all buildings from three-stories to two-stories, put
an ingress and egress on Atlantic Avenue and intend to make that the
main entrance. Instead of threeentrances on Homewood Boulevard, as
shown, they would eliminate the North entrance leaving an entrance
approximately across from the entrance to the Golf Course and one
approximately 500 feet North of Lowson Boulevard. There would be
one opening on Lowson Boulevard and three on Dover Road. He
pointed out the internal perimeter road system and said that the
parking had been eliminated from the single family zoned area, which
area would be dedicated for park purposes, if Council desires. Mr.
McClosky presented a memorandum to Council concerning the four phases
-12-
10-24-72.
of construction and the percentage of ground that would be used
for open spaces (66.5%), parking and roads (22%), and buildings
(11.5%). He said this is planned as an adult condominium community.
Following questions by Council concerning the proposed
lakes and flow of water, Mr. McClosky replied that before any
building permits are obtained, the requirements of the City
Engineer, Consulting Engineer, Central & Southern Flood Control
District and all water management districts would have to be met.
Mr. Kenneth Jacobson, Chairman of the Planning and
Zoning Board, said he felt the Board's recommendation for denial
of the site plan resulted from the attorney of the petitioner not
wanting the approval based on conditions, but per se. He said
he felt the traffic plan in connection with the Atlantic Avenue
entrance could be improved upon, also if the engineering approach
concerning the water could not be satisfied, that those areas
could be left as open spaces, otherwise he felt the plan was good.
Mr. Andrew Gent, Secretary of the Planning and Zoning
Board, said that he originally objected to the density as he
would like to see it compatible to the surrounding area, also that
he would be in favor of entrances and exits only on Atlantic
Avenue.and Lowson Boulevard.
Attorney Simon objected to the traffic flow on Homewood
Boulevard and suggested that it be on Atlantic Avenue. He also
discussed the size and price of the apartments, and expressed
concern about the water flow from the lakes. Mr. Simon presented
a Sketch of the subject property and properties surrounding it
showing the density of each parcel and talked of harmony and
compatibility of the various developments. He further objected
to the openings onto Homewood Boulevard and asked that they be
eliminated.
Mr. Edward Cooper, 637 East Drive, objected to entrances
and exits on Homewood Boulevard and said he felt it would be a
low-cost development and would not be compatible with the surround-
ing developments.
Mr. Bud Hayhurst, Sales Director for The Hamlet, said he
· did not believe they would have objections other than the ones that
have been mentioned, the traffic problem and the water flow from
the lakes, but not to the openings onto Dover Road as he believed
they could effectively screen against those.
Mr. Richard Krooss, 3013 Sherwood Boulevard, asked for
and received answers on the price range and square footage of The
Hamlet apartments and the apartments'of the subject property.
Attorney McClosky assured Council and anyone concerned
that their project would not have the name of Homewood conne.cted
with it and that could be a condition of the site plan, if requested.
He asked that it be a matter of record that the road
leading onto Atlantic Avenue and the perimeter road to reach the
back part of the development would be put in at the start of the
project. He also agreed that there would only be one opening
onto Homewood Boulevard.
In answer to a question by Mrs. Martin, Mr. McClosky
said they would install wells, if necessary, to keep the lakes
as they should be, but if the engineers rule against the lakes,
those areas would remain open spaces.
Mr. Saunders asked if they would consider leaving the
open spaces instead of constructing lakes.
-13-
10-24-72.
Mr. Richard Zorn, owner of the subject property, said it
would be much cheaper and a saving in time J.f they did not provide
the lakes, but it is their desire for the aesthetic pleasure of the
people who will buy the ap~rtments to give them as much as possible
and he believed this would add to the beauty of Delray Beach. During
lengthy comments, he requested Council to rule on the site plan and
said they would be willing to revise the number of traffic exits.
Mr. Ernest Galini. s, 3425 Sherwood Boulevard, said that the
density proposed for this site plan is 'objectionable to some people.
It was pointed out that the d. ensity in the original site
plan was 14.9 units per acre while the current site plan is 9.6
units per acre.
Mr. Michael Kolb, 415 Homewood Boulevard, said there is
water and muck pits on the subject property and believes they are
planning the lakes for drainage. He said this could cause a
mosquito and weed problem. He objected to the planned entrances
and exits.
Mrs. Winston Prescott, 3518 Sherwood Boulevard, said she
is concerned with density and traffic.
Mr. Robert Grauch,' 154 Gleason Street, commented on using
water for the lakes from wells during drought periods and the
restrictions on that use. He asked if there was flowing water in
the Canal at the South end of this property. Mr. Grauch asked if
there would be land leases on the property or if it would be
wholly owned by the condominium buyers. He was informed.that the
maintenance and control of the green areas and water would be
under Sovereign Industries.
There being no other person who wished to be heard on
this subject, Mayor Scheifley declared the hearing closed.
Mr. Saunders moved that the recommendation of the Planning
and Zoning Board be sustained. Mayor Scheifley relinquished the
gavel to Councilwoman Martin and seconded the motion. Following
comments by Council, and upon call of roll, Mr. Saunders and
Mayor Scheifley voted in favor of the motion and Mrs. Martin,
Mr. Weekes and Mr. Youngblood were opposed. The motion did not
pass.
Mr. Youngblood moved that the site plan be approved subject
to changing the traffic pattern and the entrances. The motion died
for the lack of a second. ~
A workshop meeting was scheduled for October 30, 1972,
7:00 P.M., at which time the petitioner will bring in a revised
site plan, the extent of the revision to be the traffic pattern
and entrances and exits.
Following a general discussion and a question as to
whether such a site plan revision would require another public
hearing, City Attorney Fellows said that he would not consider
eliminating exits to be a major change and that would not necessitate
another public hearing.
Mr. McClosky informed Council that the petitioner would
agree to having only one exit on Homewood Boulevard, that being
across from the golf course entrance, and asked that Council take
action on this site plan at this meeting night.
Following further discussion, Mayor Scheifley said as he
-14-
10-24-72.
understands it, the proposal of the developer is to have only one
opening on Homewood Boulevard and that would be the only change to
the site plan. Mr. McClosky agreed with that.
Mrs. Martin moved as follows: "I move we accept this
site plan with one opening on Homewood Boulevard, as it stands."
The motion was seconded by Mr. Youngbloodo Upon call of roll,
Mrs. Martin, Mr. Weekes, Mr. Youngblood and Mayor Scheifley voted
in favor of the motion and Mr. Saunders was opposed.
9.c. The City Manager reported that the Planning and Zoning
Board recommended by unanimous vote at its meeting held on Octo-
ber 17, 1972, that Council approve the installation of signs by
the Standard Oil Company at 5 N. E. 6 Avenue and 301 East Atlantic
Avenue, with the contingency that the sign at 5 N. E. 6 Avenue be
located a minimum of 40 feet from the center of_~he street right-
of-way and the sign at 301 East Atlantic Avenue be located a
minimum of 10 feet from the Atlantic Avenue lot line.
Mr. Saunders made a motion to accept the recommendation
of the Planning and Zoning Board regarding the approval of signs,
seconded by Mr. Youngblood, and unanimously carried~
9.d. The City Manager reported that at a meeting held on
October 17, 1972, the Plannihg and Zoning Board, by unanimous vote,
recommended that Council approve the site plan for development of a
tract of land at the following described location:
The North half of the Southwest quarter of Section 12,
Township 46 South, Range 42 East, Palm Beach County,
Florida, less the East 40 feet thereof, and less the
West 50.0 feet thereof, and less the South 40.0 feet
thereof, containing approximately 81 acres.
This property is located North of Lake Ida Road,
between Barwick Road and Military Trail.
The applicant in this instance is Mr. Harry Bray. This site plan
had not been reviewed by Council at a workshop meeting, as is
customary prior to consideration at a regular meeting. Since the
plan had been discussed in general terms by Council at several
meetings, the item was placed on the Agenda.
Mr. Weekes made a motion to accept the site plan as
presented by Mr. Bray, seconded by Mr. Youngblood, and unanimously
carried.
9.e. City Manager Mariott reported that at its meeting held on
October 10, 1972, the Planning and Zoning Board, by unanimous vote,
recommended that Council approve the issuance of a building permit,
under terms of Ordinance No° 16-72, for construction of additional
warehouse space on Lots 21, 22 and 23, Block 79, 240 S. E. 2 Avenue
and the construction of an apartment on the second floor to be added
to an existing commercial development on Lot 2, Block 79, 114 S.E.
2 Street in a C-1 zone. The applicant is Mr° John Remus. Mr.
Saunders made a motion that the issuance of a building permit be
approved by Council, seconded by Mrs. Martin, and unanimously
carried.
9.f. City Manager Mariott stated that at its meeting held on
October 17, 1972, the Planning and Zoning Board, by unanimous vote,
recommended that Council approve' the issuance of a building permit
for the replacement of an existing structure with a new storage
building on the First Federal Savings & Loan Association parking lot
on Lots 14 and 15, Block 116. Mr. Youngblood made a motion to sustain
the recommendation of the Planning and Zoning Board regarding the
-15-
10-24-72.
above described building permit, seconded by Mrs. Martin, and
unanimously carried.
10.a. The following BILLS FOR APPROVAL were unanimously approved
for payment on motion by Mrs. Martin, and seconded by Mr. Weekes:
General Fund $217,514.04
Water Revenue Fund $ 6,690.00
Cigarette Tax Fund $ 13,000.00
10.b. The City Manager reported that this matter involved the
awarding of a contract for the installation of sanitary sewers to
serve a project that is being developed by Mr. Emil Danciu, of the
Southways Development Company, along the back of certain lots that
front on So W. 7 Avenue and on S. W. 8 Avenue, beginning at S. W.
6 Street and extending in a southerly direction to S. W. 8 Court.
Bids will be opened soon for the awarding of a contract for the
sewers that are estimated to cost slightly less than $50,000.00.
Mr. Mariott recommended that in the interest of saving time, and
since the construction funds will be advanced by Mr. Danciu to be
refunded over a period of time according to the city's 20-1 ratio
formula, and then, even though the formula is met, not before the
City receives the funds from the water and sewer revenue bond issue
that is yet to be sold, that'Council authorize the awarding of a
contract to the lowest and best bidder, contingent upon the two
following items:
1. That the contract amount not exceed $50,000.00.
2. That the contract be awarded only in the event
that the City Manager considers the lowest bid
to be the best bid.
Following a general discussion, Mr. Weekes moved that
Council support the City Manager's recommendation in awarding the
bid as previously outlined, seconded by Mr. Youngblood, and
unanimously carried.
10.c. The City Manager stated that Council at the last meeting
authorized the filing of a pleading with the Pollution Control Board
asking for a Public Hearing and also Council requested an informal
conference, both of these procedures having been set up in the
violation notice that was received from the Pollution Control Board
recently. Mr. Mariott had been informed that the conference was
scheduled for Thursday, October 26, 1972, at 2:00 P.M., in the
Offices of the County Health Department in Palm Beach County, and
he asked each member of the Council to contact him if they plan to
attend. .~.
10.d. The City Manager displayed a replat of the Jack Nicklaus'
property to Council and said that at time of annexation of that
property all agencies and departments that have to give apprgval have
done so. Council has seen this replat a number of times, and approved
in principle said 'replatting upon recommendation of the Planning and
Zoning Board. He recommended approval of the final plat of Aiden
Subdivision. Mr. Weekes moved for the acceptance of the final plat
of Aiden Subdivision, as presented by the city Manager and approved
by the Planning and Zoning Board, seconded by Mr. Saunders, and
unanimously passed.
10.e. Mayor Scheifley said that council approved the ordinance
tonight to supplement the master plan on zoning and then heard from
approximately 20 people who had certain objections. Council agreed
to consider their problems at workshop meetings to be scheduled
-16-
10-24-72.
at a later date. He asked if Council decides to make a change in
the ordinance, when can it do so, and in the meantime when this
ordinance becomes effective will people be able to obtain building
permits under the new ordinance or is there any way that building
permits can be turned down until a change in the ordinance becomes
effective. He was advised that permits could be issued under the
new ordinance when it becomes effective until an amendment changing
same became effective. A general discu.%sion followed, in which
Mr. Jacobson, of the Planning and Zoning Board, expressed his
appreciation of the Council's actions.
The meeting adjourned at 12:55 A.M., October 25, 1972.
HALLIE E. YATES
City Clerk
APPROVED:
-17-
10-24-72.
ARTICLE I
Pr eatable
This agreement entered into on this ist day of October,
1972, by and between the City of Delray Beach (hereinafter
referred to as the City) a municipality of the State of
Florida, located in Palm Beach. County, F~orida, and
the International Association of Fire Fighters Local 1842,
a Florida non-profit corporation (herinafter referred to ~'
as the Union), whose mailing address is P.O. Box 583,
Delray Beach, Florida.
ARTICLE II
Recognition
The City recognizes the Union as the sole and exclusive
bargaining agency for the purpose of bargaining in respect
to salaries, wages, hours, and other conditions of employment
.for all its classified employees within the Union who are
members and whose primary function is to extinguish fire
· ' and protect life and property pursuant 'to HB 5233, and hav~
designated the Union as their bargaining agent by completing
the form specifically designed for this purpose, and present-
ing same to the City Manager.
ARTICLE III
~ights of Management
Except as specifically abridged or modified by any provision
of this agreement, the City will continue to have, wt~ether
exercised or not, all of the rights, powers and' authority
.heretofore existing, inclu, ding but not limited to the
206-B
following: determine the standards of selection for
employment; determine the standards of services to be
offered by the Fire Department; direct its employees;
take disciplinary action; relieve its employees from duty
.because of lack of work or for other, legitimate reasons;
issue rules and regulations; maintain the efficiency of
governmental operations; determine the methods, means and
personnel by which the City"s operations are to be conducted;
establish and revise or discontinue policies, programs and
procedures to meet changing conditions and to better serve
the needs of the public; determine the content of job
classifications; exercise complete control and discretion
over its organization and the technology of performing its
work; and fulfill all of its legal responsibilities. The
above rights, responsibilities and prerogatives are the
City Council's and City Manager's by virtue of statutory'
and charter provisions.
ARTICLE IV
Discrimination
Any and .all employees shall have the right to join or not
to join the Union, as they individually prefer, it bein~3.
agreed that there shall be no discrimination fo~ or against
any employee on account of membership in the Union, or
interference with any employee joining or desiring to join
the Union; and likewise, that no employee shall be discriminated
against for nonmembership in the Union, and that neither
the Union nor any employee shall.attempt to coerce
any employee of the ~ity into joining the Union against
his will, or interfere with him in any way because of failure
or refusal on his part to join the Union.
206-C
ARTICLE V
Compen s___at ion
Effective October 7, ].972, employees covered by this
Agreement shall receive compensation for service in accor-
dance with the following salary schedule:
1 2 3 4 5 6 L-1 L-2
Fire Fighter 659 691 726 763 802 841 882
Driver Eng. 691 726 763 802 841 882 925
Fire Lt. 726 763 802 841 882 925 971 1018
This salary schedule shall constitute the pay plan for these
employees during the term of this Agreement.
ARTICLE VI
Fringe Benefits
.!
It is agreed by the City and the Union that all rights,
privileges, and fringe benefits covered by this Agreement
will remain in effect during the term of this contract.
The intent of this Agreement shall in no way take away from
the Union members or abridge the policies of- the City as'~tated
in the Personnel Policies as now in effect or later amended,
which establish vacation time, fringe benefits, hours of
· duty, overtime pay, temporary upgrading, sick leave,
"holidays and grievance procedures, nor the policy concerning
hospitalization insurance, and the providing of uniforms,
protective equipment for employees and use of City property.
'.%
206.-D
ARTICLE VII
Strikes
The Union agrees that there will be no strikes, work slow-
downs (slowdown includes non-appearance for training,
maintenance, fire prevention work and similar duties),
stoppage of work or any interference with the efficient
management of the City while this Agreement is in effect.
In the event of an unauthorized strike, slowdown or stoppage,
the City agrees that there will be no liability on the
part of the Union provided the Union within twenty-four
(24) hours promptly and publicly disavows such unauthorized
strike, and gives written notice of such disavowal to the
City Manager. Unauthorized actions by any individuals,
which actions by the individuals shall within twenty-four
(24) hours be disclaimed by the Union, shall be considered
as a resignation as an employee of the City.
If the strike is initiated by the Union either by vote, or
by complicity of 50% plus one, of the total number of Union
members covered by t~is Agreement, the Union shall be held
responsible for such strike and shall be fined $2000 a day
for each day the strike, slowdown or work stoppage continues
and until .such fines are paid this contract is 'suspended and
no further negotiations with the Union will take place
until the fine is paid.
206-E
ARTICLE VIII
Savings Clause
· If any phrase, sentence, provision or part thereof of this
Agreement shall conflict with any Federal or State
constitution, law or regulation now or hereinafter enacted,
such phrase, sentence, provision or part thereof shall
.be deleted from this Agreement and shall be deemed to
be in effect only to the extent permitted by such law or
regulation. In the event that any provision of this Agreement
is thus rendered inoperative, the remaining provisions shall
nevertheless remain in full force and effect.
ARTICLE IX
Execution of Agreement
In executing this Agreement, the president, Secretary and
Bargaining Representative of the labor organization
represent that the membership of the organization has been
made aware of its respQn~ibilities, individually and
collectively, under this agreement at a regularly scheduled
meeting of the organization and that by an affirmative vote
of a majority of the membership the individuals executing
this agreement have been authorized by the membership to take
such action.
G9Z
206-F
ARTICLE X
Duration of Aqreement
It is agreed by the City and the Union that this Agreement
shall take effect on October i, 1972 and shall remain
in effect until September 30, 1973. Future Agreements will
be negotiated in compliance with the laws of the State
of Florida.
Attest:
' ~":'/-~ ' f~_.~'~'4~. ' ~ '~ '
City Clerk
Attest:
, Z-~ .'~'- ,', .~ ,-~×.-/" ~-_~,'a----' ~
Sec. Local 1842 .. .... /~,resident LAFF Local 1842~
206-G
RESOLi~TION NO. 50-72.
A RESOLUTION OF THE CITY COUNCIL OF T[~ CITY
OF DELtL%,Y P, EACH, FLORIDA, VAOATI~(G A!'[D AEAB~ONING
A D~Ii%lGE EASE,~NT OVER LOTS 242 THROUGH 261,
TROPIC PA!~MS, PLAT NO. 1, ACCO~I~'iG TO THE P~T
~EREOF RECO~ED iN P~T BOOK 25, PAGE 101,
PUBLIC RECOILS OF PA~4 BEACH' COUNTY, FLORIDA.
~REAS, F~ C. TODINO, President of AR~ DOLL
HO~S, INC., has made application to the City Council of the City
of Delray Beach, Florida, to vacate a drainage easement over Lots
242 through 261 inclusive, Tropic Palms, Plat No. 1, according to
the Plat thereof recorded in Plat Book 25, Page 101, Public Records
of Palm Beach County, Florida, all of said lots being o~ed by
AR~ DOLL HO~S, INC.; and,
~AS, said easement is desired to be abandoned and
a deed has been received from the o~ers relocating said' easement;
NOW, ~E~FORE, BE IT ~OL~D BY ~ CI~ CO~CIL OF
~E CI~ OF DEL~Y BEACH, FLOR~A, AS FOLLOWS:
That pursuant to Paragraph ~ree of Section Seven of
the City Charter of the City of Delray Beach, Florida, it is
.. hereby determined to abandon the following drainage easement re-
ferred to hereinabove and described as follows:
~e West 35 feet of the East 40 feet of Lots
242 through 261, Tropic Palms, Plat No. 1,
according to the Plat thereof recorded in Plat
Book 25, Page 101, Public Records of Palm Beach _
County, Florida.
PASSED A~ ~OPTED this 24th day of October ,
.1972.
MA Y 0'R
ATTEST:
206-H
ORDIk~NCE NO. 34-72.
AN ORDINANCE OF IW~E CITY OF DELP~AY BEACh-I, FLORIDA,
RELATING TO UTILII~ff SEt{VICES TAX; DECLARING TILE DIS-
TRIBUTION OF FUEL OIL IN THE CITY OF DELRAY BEACH TO
BE COMPETITIVE WITH THE UTILITY SERVICES NOW TAXED;
DECLARING THE DISTRIBUTION OF CABLE TELEVISION
SERVICE IN THE CITY OF DELRAY BEACH TO BE COMPETITIVE
WITH THE UTILITY SERVICES NOW TAXED; A_MENDING ARTICLE
I, CHAPTER 24, OF THE CODE OF ORDINANCES BY LEVYING A
UTILITY SERVICES TAX ON THE DISTRIBUTION OF FUEL OIL
· AND OF CABLE TELEVISION SERVICE IN THE CITY OF DELP~AY
BEACH; ARqD PROVIDING A SEPARABILITY CLAUSE.
WHEREAS, the Legislature of the State of Florida intended
that municipalities which elect to tax purchases of one of the
specifically named utility services authorized to be taxed under
Chapter 167.431 of the Florida Statutes, must also tax purchases
of any other competitive service even though it is not specifically
named in the statute; and,
WHEREAS, the City of Delray Beach finds and declares as a
legislative, factual determination that the distribution of fuel
oil in the City of Delray Beach is competitive to one or more of
the utility services now taxed; and,
WHEREAS, the City of Delray Beach finds and declares as a
legislative, factual determination that the distribution of cable
television service in the City of Delray Beach is competitive to
one or more of the utility services now taxed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the matters contained in the preamble hereof
., and the legislative factual determinations therein contained are
hereby declared to be true and correct.
Section 2. That Article I, Chapter 24, consisting of
Sections 24-1 through 24-6, be amended to read as follows:
"Article I. Electricity, Natural and Bottled Gas, Telephone
Service, Fuel Oil, and Cable Television Service.
Sec. 24-1. Amount of tax levied; purchaser to pay taxes to
seller; when payments made.
There is hereby levied by the city on each and everY pur-
chase in the city, of electricity, bottled gas (natural or
manufactured), local telephone service, fuel oil, and cable
television service, a tax based upon the charge made by the
seller thereof, as follows, to-wit:
Ten per cent on the first twenty-five dollars billed in any
calendar month.
Five per cent on the next fifty dollars or fraction thereof
billed in any calendar month.
-1-
206-I
One per cent on the balance of all charges over seventy-five
dollars in ~ny calendar month.
?~ich tax shall, in every case, be paid by the purchaser,
for the use of the city, to the seller of such electricity,
gas, local telephone service, fuel oil or cable television
service, at.the time of paying the charge therefor to the
seller thereof, but not less often than monthly.
Sec. 24-2. Duty of seller to c611ect tax; liability for
failure to collect; discontinuance of service
for failure to pay bill.
It shall be the duty of every seller of electricity,
b~ttled gas (natural or manufactured), local telephone service,
fuel oil or cable television service, to collect from the
purchaser, for the use of the city, the tax hereby levied, at
the time of collecting the selling price charged for each
transaction, and to report and pay over, on or before the
fifteenth day of each calendar month, unto the city clerk of
the city, all such taxes levied and collected during the preced-
ing calendar month. It shall be unlawful for any seller to
collect the price of any sale of electricity, bottled gas
(natural or manufactured), local telephone.service, fuel oil
or cable television service, without at the same time collecting
the tax hereby levied in respect to such sale or sales, unless
such seller shall elect to assume and pay such tax without
collecting the same from the purchaser. Any seller failing
to collect such tax at the time of collecting the price of
· any sale, where the seller has not elected to assume and pay
such tax, shall be liable to the city for the amount of such
tax in like manner as if the same had been actually paid to
the seller, and the mayor of the city shall cause to be
brought all suits and actions and to take all proceedings
in the name of the city as may be necessary for the
recovery of such tax; provided, however, that the seller
shall not be liable for the payment of such tax upon uncollected
bills. If any purchaser shall fail, neglect or refuse to pay to
the seller, the seller's charge, and the tax hereby imposed and
as hereby required, on account of the sale for which such charge
is made, or either, the seller shall have and is hereby vested
with the right, power and authority immediately to discontinue
further service to such purchaser until the tax and the seller's
bill shall have been paid in full.
Sec. 24-3. Records to'be kept by seller; inspection; tran-
scripts; sworn statement to be filed.
Each and every seller of electricity, bottled gas (natural
or manufactured), local telephone service, fuel oil and cable
television service, shall keep complete records showing all
sales in the city of such commodities or service, which records
shall show the price charged upon each sale, the date thereof,
and the. date of payment therefor, and the records shall be kept
open for inspection by the duly authorized agents of the city
during business hours on all business days, and the duly
authorized agents of the city shall have the right,, power and
authority to make such transcripts thereof during such times
as they may desire.
-2-
Ord. No. 34-72.
206--J
In addition to makin%] such records available, every seller
is hereby required to execute and file not later than the
twentieth day of each month, at the office of the city clerk,
a sworn statement on a form prescribed by the city clerk
setting forth the amount of such. k-.ax to which the city became
entitled under the provisions of this article on account of
bills paid by purchasers during the preceding fiscal month,
and contemporaneously with the filing of the statement shall
pay the amount of such tax to which the city is entitled to
the city clerk to be deposited to the credit of such funds
of the city to be utilized for such purposes as the city
council may prescribe by ordinance or resolution.
Se~. 24-4. Governmental agencies exempt from payment.
The United States of America, State of Florida, and the
political subdivisions and agencies, boards, commissions and
authorities thereof, are hereby exempted from payment of the
tax levied by this chapter. The tax hereby levied on sales
of telePhone service shall apply to all charges made for
local telephone service except local messages which are paid
for by inserting coins in coin-operated telephones, but the
total 'amount of the guaranteed charge on each bill rendered
for semi-public coin box telephone service shall be subject
to such tax. ~
Sec. 24-4.1. Exemption of churches.
Ail recognized churches of the State of Florida are hereby
exempt from the payment of any utility tax imposed by
Article I of Chapter 24 of this Code on church property
used exglusively for church purposes.
Sec. 24-5~ Computation of tax where seller collects at
monthly periods.
In all cases where the seller of. electricity, bottled
gas (natural or manufactured), local telephone service,
fuel oil or cable television service, collects the price
thereof at monthly periods, the tax hereby levied may be
computed on the aggregate amount of sales during such period,
provided that the amount of tax to be collected shall be the
nearest whole cent to the amount computed.
Sec. 24-6. Scope of tax.
For the purpose of this chapter a sale shall be determined
to be made in the city in every instance w~nere electricity
bottled gas (natural or manufactured) local.telephone service,
fuel oil and cable television service, is delivered to a
purchaser residing within' the city, regardless of whether the
residence or business or headquarters of the seller be located
within.the city or elsewhere."
Section 3. That if any section, subsection, sentence, clause,
phrase, or portion of.this chapter is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
-3-
Ord. No. 34-72
206-K
Section 4. 5%at specific authority to codify this ordinance
in the City's Code is hereby granted.
Section' 5. Al! ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
PASSED in regular session on the second and final reading
on this day of , 1972.
MAYOR
ATTEST:
City Clerk
OCT 9 1972
First reading
Second reading
Public Hearing October 24, 1972
Ord. No. 34-72.
206-L
ORDINANCE NO. 35-72.
AN ORDiNJiNCE OF 'IT-1E CITY' COUT_'~CIL OF THE CITY OF
DELRAY .BEACH, FLORIDA, ANNEX~ING TO Ti~E CITY OF
DELRAY BEACH CERI'AIN LANDS LYING IN SECTION 7,
TO~i~NSHIP 46 SOUTH, RANGE 43 EAST, VY~tICH LANDS ARE
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE
ZONING THEREOF.
WHEREAS, ELWYN L. MIDDLETON, as Trustee, and MICHAEL
SUSIK, are the fee simple owners of the lands hereinafter de-
scribed; and,
WHEREAS, MELVIN I. MUROFF, duly Authorized Agent, in
behalf of ELWYN L. MIDDLETON, as Trustee, and MICHAEL SUSIK, has
petitioned and given permission for the annexation of said lands
by the City of Delray Beach; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 185.1 of
the City Charter of said City granted to it by the State of
Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA~ as follows:
Section 1. That the City Council of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City
the following described lands located in Section 7, Township 46
South, Range 43 East, Palm Beach County, Florida, which lie
contiguous to said City, to-wit:
All that portion of the East Half (E 1/2) of
Section 7, Township 46 South, Range 43 East,
lying West of the westerly right-of-way of
Congress Avenue as laid Out and now in use and
North of the northerly right-of-way of Lake Ida
Road as shown on plat of DELRAY SHORES, Sheets
1 and 2, recorded in'Plat Book 24, Pages 232 and
233, Public Records of Palm Beach County, Florida;
LESS the right-of-way of Lake Worth Drainage Dis-
trict Lateral Canal No. 30, containing 210.47
acres more or less.
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein
the above described lands, and said lands are hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. Th'at the lands hereinbefore described are
hereby declared to be subject to RM-2 zoning, with the exception
of a 125-foot strip East along' Davis Road beJ. ng subject to R-!AAA
zoning, as defined by existing ordinances of the City of Delray
Beach, Florida, with the stipulation that the P~-2 zoned property
be rezoned to RM-15 upon establishment of this new zoning district
and that the R-1AAA zoned property remain in that zoning classification.
-1-
206-M
Section 4. That the lands hereinbefore described shall
immediately become subject° to all of the franchises, privileges,
immuniuies, debts, obligations, liabilities., ordinances and laws
to which lands in the City of De!ray Beac]~ are now or may be and
persons residing thereon shall be deemed citizens of the City of
Delray Beach.
Section 5. That if any word, phrase, clause, sentence
or part of this Ordinance shall be declared illegal by a Court of
competent jurisdiction, such record of illegality shall in no way
'affect the remaining portion.
PASSED in regular session on the second and final
reading on the day of , 1972.
MAYOR
ATTEST:
City Clerk
First Reading OCT 9 1972
Second Reading
Public Hearing October 24, 1972
-2-
Ord. No. 35-72
206-N
ORDINANCE NO. 21-72.
/'~{ O~{~.J..~,~.~,CL ,.,~' ,..~.'. CITY COUNCIL OF TRE
~.I ~ OF DELPJ~Y
- '~""' " !\ND ~'"-3 , A!DOPTS
DISTRICTS RH-10, R%'4-15, [U.I-20, NC, CC, SC, LI, }lI AND
INTERI:'i, Rz:.D~.!'!~:~:,S ALL OTiIER '- ..... T
ST}XqDARDS FOR. OFI'£-STREE"£ n' '~ ........... ~ .....
.A-Lz~±~ AND Lk]~i~~G REGULATIONS
INCLUDING ALL T!~I!LERS AND VEHICLES, PROVIDING FOR NON-
CONFORHiNG P-,Or E~,.~ A~'N_ HAI(ING IT UNLAWFUL TO VIOLATE
ANY PROVISION Z:h:~:~IN .~SD REPEAL!}IG C~:',.~A~N SECTIONS OP
THE PP~ESENT ZONING ORDINANCE iN CHAPTER 29.
WHEREAS, the City Council of the City of Delray Beach, by Reso-
lution No. 49-'?2, adopted a comprehensive plan for zoning the City
of Delray Beach, pursuant to its Charter and general law; and,
WHEREAS, the comprehensive plan is designed to lessen congestion
in the streets; to secure safety from fire, panic, and other dangers;
to promote health and the general welfare; to provide adequate light
and air; to prevent the overcrowding of land; to avoid undue concen-
tration of population; to facilitate the adequate provision of trans-
portation, water, sewerage, schools, .parks, and other public require-
ments and to take into consideration, among other things, the
character of the district and its peculiar suitability for particular
uses, and with a view to conserving the value of buildings and encour-
aging the most appropriate use of land throughout Delray Beach; and,
WHEREAS, the City Council of the City of Delray Beach, deems it
to be in the best interests of the City of Delray Beach to implement
said plan to promote the health, safety, morals and general welfare of
the inhabitants of the City and to promote the orderly growth and
development of the City; ·
,HOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF,
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Sections 29-1 through 29-1.10, 29-8.2, 29-8.3,
· 29-15, 29-16 and 29-11 of Chapter 29, Zoning Code of Ordinances of the
City of Delray Beach are hereby repealed and of no effect.
Section 2. That the following zoning ordinances are hereby
adopted and shall be codefied in Chapter 29, Zoning, as follows:
.. "Sec.. 29-1. DEFINITIONS
For the purposes of this ordinance, certain terms and words are
defined as follows:
(1) All words and their derivations used in the present tense shall
include the future tense; all words in the singular number shall
include the plural number; and all words in the plural number
shall include the singular number unless the natural construction
of the wording indicates othe~'ise; the words "used for" shall
include the meaning "designed for;" the word "structure" shall
include the word "building;" the word "lot" shall include the
words "plot" and "tract" and the word "shall!' is mandatory.
(2) ACCESSORY BUILDING. A building the use of which is incidental to
that of the main building and located on the same lot or parcel
of land.
(3) ACCESSORY BUILDING, ATTACHED. A building which has at least
twenty-five (25) per cent of any wall coms~on with a wall or por-
tion of a wall of the main building, or is built as an 'integral
part of the main building, or which is attached to the main build-
lng by a roof, as by a breezeway.
(4) ACCESSORY USE. A use i~}cidenta! and subcrdinate to the principal
use or building and located on the same lot or parcel of land
with such principal use or building.
206-0
(5) ALLEY A ~o~,i .... ~ :~i~ich affords only a secondary means of
access to ab~'~:-tin~ ~p~.c~n~rtV'-. and not int,2nded J~or qeneral
traf~ic circulation, bo-el~ pedes~.rian a~d veNicL~lar,
multiple.
(6) APARTi~i]NT, See Dwelling, ..
~-~ .... ,.,~ ............ A bui_,elng designed for or containing botl]
apartments and ~ ~, '~: ' _
.~nc,~$~ual gues~- rooms or suites which may offer
such services as are ordinarily furnished by hotels.
(8) BOARD. The word "Roard" shall be construed to mean the City
Planning Board of Delray Beach as n'ow constituted.
(9) BOARDING (ROOMING) HOUSE. A dwelling having one kitchen and
used for the purpose of providing meals or lodging or both for
compensation to persons other than members of the family
occupying each dwelling.
(10) BUILDING. Any permanent structures designed or built for the
support~ shelter, or protection of persons, animals, chattels
or property of any kind.
(11) BUILDING, HEIGHT OF. The vertical distance measured from a
point determined to be two and olio-half (2 1/2) feet above the
minimum elevation of the crown of the adjacent street (if more
than one adjacent street then two and one-half (2 1/2) feet above
the minimum elevation of the crown of the lowest adjacent street)
to the ceiling of the highest floor or measured froN the lowest
finished grade to the ceiling of the highest floor, whichever
results in a building of lower height, except that one a~d two=.
family residences, instead of being measured to the ceiling of
the highest floor will be measured to the highest point of the
roof for flat roofs; to the deck line of mansard roofs, and the
mean height betwee~ the eaves and ridge for gable, hip or ga~rel
roofs. Residential floor heights in multiple family zoning
districts means the verticle distance from top to top of two
successive, finished floor surfaces and shall not exceed ten (10)
feet.in height.
(12) CAVORT. A roofed area ope~ on one, two or three sides and
attached to the main building, for the storage of one or more
motor vehicles.
(13) CLINIC. A clinic is an establishment where patients, who are
not lodged overnight, except for observation or emergency treat-
ment, are admitted for examination and treatment by one person or
group of persons practicing any form of healing or health build-
ing services to individuals, whether such persons be medical
doctors, chiropract°rs, osteopaths, chiropodists, naturopaths,
optometrists, dentists or any such profession the practice of
~which is lawful in the State of Florida.
(14) CLUB. Buildings or facilities owned or operated by a corporation,
association, person or persons, for a social, educational or -
recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business.
(15) CLUSTER DEVELOPP~NT. A group of dwelling units, single or
multiple, developed around or throughout~an open space area,
which area is owned in common by all owners living within the
specific area.
(16) CONDITIONAL USE. A use or structure that would not be appropriate
generally or without restricticn throughout the zoning division
or district but which, if controlled as to nu~er, area, location
or relation to the neighborhood, would promote the pub].ic hea].th,
safety,., welfare, ~.o~.l.~,~-n ~ order, comfort, convenience, prosp,:~rity
or general wel{are,_ such u.~ ...... of structures are permitted in such
zoning distrzc .... as cona{~tional uses where specific provisions
for such condition is m~_~; in the zoning ordinance.
- 2 -
Ord. 21-72
206-P
(17) DENSITY. In multi-family zones, dc~sity is the ratio of
nuttier of units in relation to the ground area. The ground
area shall be computed by adding one-half (~) of the right--
of-way abunting the property, but not to exceed fifty--three
feet (53'), to the %oral area involved.
(18) ~'[ELLING. A building or portion thereof, but not an automo-
bile house trailer, designed or used exclusively for residen-
tial occupancy but not including hotels, lodginghouses or
motels.
(19) DWELLING, SINGLE ONE FAMILY. A building designed for or
occupied exclusively by one family.
(20) DWELLING, MULTIPLE (APARTMENTS). A building or buildings
designed for occupancy by two or more families living inde-
pendently of each other.
(21) EFFICIENCY APARTN~NT. A dwelling unit consisting principally
of one room and alcoves, equipped with kitchenette and bath,
designed and intended to be used as the temporary abode of
transients and seasonal occupants.
(22) FAMILY. One or more persons occupying a single dwelling unit,
provided that 6nless all members are related by blood or
marriage, no such family shall Contain over five (5) persons,
but further provided that domestic servants employed on the
premises may be housed on the premises without being counted
as a family or families.
(23) FRONTAGE. The frontage of a lot or parcel is defined as the
shortest property line adjacent to a public street.
., (24) GARAGE APART}~NT. An accessory building, not a part of or
attached to the main building, where a portion thereof con-
tains living facilities for not more than one (1) family and
an enclosed space for one or more automobiles.
(25) GARAGE, PRIVATE. A detached accessory building or a portion
of a principal building for the storage of automobiles of
the occupants of the premises. A private garage shall include
carport.
(26) GARAGE, STORAGE. Any building or portion thereof other than
a private or mechanical garage, used exclusively for the park-
ing or storage of motor vehicles. Services other than storage
shall be limited to refueling, lubrication, washing and pol-
ishing.
(27) GRADE.
(a) For buildings adjoining one street only, the elevation of
the sidewalk at the center of the wall adjoJ, ning the
street.
(b) For buildings adjoining more ti]an one street, the average
of the clev~itJo[:s of the sidewalk at the centers of all
walls a~djoi_uing strcehs.
(c) For buildings having no wa].l adjoining the street, [.he
average l~vel of the finished surface of the ground
adjacent to the exterior walls of the building.
206-Q
(28) GUEST CO[,:TAGE. A guest cottage is a building occupying not,
..... /20 of ~'~' w~zc~ it ~s situ
more ~.nan .~ .... ~ area of tile ].ct on '' ' " ' -
t:he family occuovJ.z~.::~ t:he principal {N,'.:~il:ing or their ~oNpay-
~ ~x ~i~ hundred
(700) square feet and complying wi'all ~h~ general building
height 6.nd yard. regulations for main buildings.
(29) GUEST HOUSE. Any dwelling, in ~hiclh rooms are rented for
the temporary care or lodgJ_ng of transients and travelers
for compensation and so advertised to the public.
(30) HOME OCCUPATION. Any occupation in connection with which
there is kept no stock in trade nor co~nodity sold upon the -
premises, no person employed other than a me~er of the
i~ediate family residing upon the premises, and no mechani-
cal equipment used except such as is permissible for purely
domestic or hous&ho!d purposes; and in connection with which
there is used no sign other than an unlighted nameplate not
more than one (1) square foot in area, nor display that
will indicate from the exterior that the building is being
utilized in part for any purpose other than that of a dwell-.
'lng.
(31) HOTEL. A building or other structure.kept, used, maintained,
advertised aS or held out to ~he public to be a place where
sleeping acco~odations are Supplied for pay to transient or
permanent guests or tenants, in which, ten or more rooms are
furnished for the acco~odation of such guests; and having~
or not having ene or more dining rooms, restaurants or cafes
where meals or lunches are served to transient or permanent
guests, such sleeping acco~odations and dining rooms, restau-
rants or cafes, if existing, being conducted in the same
building or buildings in connection herewith.
(32) ~UNDRY, SELF-SERVICE. A business rendering a retail service
· by renting to the individual customer equipment for the wash-
ing and drying of laundry.
(33) LO~ING SPACE. A space on the lo% or parcel of land accessi-
ble to an alley or street not less than twelve feet (12') in
width, thirty feet (30') in depth and fourteen feet (14') in
height.
(34.) LOT. A Parcel of land occupied or intended for occupancy by
one ~in building together with its accessory buildings;
including the open spaces and parking spaces required by this-
ordinance. For the purpose of this ordinance the word "lot"
shall be taken to mean any nu~er of contiguous lots or por-
tions thereof, upon which one or more main structures for a
single use is to be erected.
(35) LOTS OR P~CELS FRONTING THE OCE~: OR INT~COASTAL WATERWAY.
Lots fronting the ocean or intracoastal waterway which include
all lots or parcels of lend abutting A1A and lying wesh of the
Municipal Beach between Beach Drive and Casuarina Road; also
all other lots or parcels having property lines abutting the
ocean or thc intracoastal waterway.
(36) LOT OF RECORD. A lot which is n part of a subdivision, eno
mnp of whic!~ '
nas been recorded in I-he office of thc C!crk of
the Circuit Court' ~ of Palm Beach County,_ Florida.
- 4 -
Ord. 21-72
206-R
(37) LOT, CO~.~,~R. A lot abutting upon two (2) or more streehs
at {:heir in'Lersection.
(38) LOT .Pi,]I"TH. The dcl.)d~ of a lot is tl,~e distance measured in
{:he mean direction o{ the side lin~-~s of the lot from the mid-
point of 'the front ].ot ].ine to the midpoint of the opposite
main rear ].ine of the lot.
(39) LOT, DOUBLE FRONTAGE. A lot having a frontage on two (2)
non-intersecting streets, as distinguished from a corner
lot.
(40) LOT, INTERIOR. A lot other than a corner lot.
(41) LOT WIDTH. The mean horizontal distance between the side
lines of the lot measured at right angles to the depth.
(42) MOTEL. A group of a~tached guest rooms or apartments with-
out housekeeping facilities, with automobile storage or
parking space provided in connection therewith, designed
and used primarily by automobile transients.
(43) NONCONFORMING USE. A building or the use of a building, or
land, that does not conform to the regulations of the Use
District in which it is located.
(44) NURSING (CONVALESCENT) HOME. A home for the aged, chroni-
cally ill or incurable persons in which three (3) or more
persons not of the immediate family are received, kept or
provided with ~ood and shelter or care for compensation;
bUt not including hospitals, clinics or similar institutions
devoted primarily to the diagnosis and treatment of the sick
or injured.
(45) PARKING LOT. An open area which is used for the parking of
automobiles.
(46) PARKING SPACE. A surfaced area, enclosed or unenclosed,
sufficient in size to store one (1) automobile, together
with a driveway connecting the parking space with a street
or alley and permitting ingress and egress of an automobile.
(47) RESIDENCE. Any property used as a dwelling.
(48) SHOPPING CENTER. A group of'retail stores planned and
developed for the site upon which'they are built as a unit.
(49) STORY. That portion of a building included between the sur-
face of any floor and the surface of the next floor above it,
or if there be no floor above it, then the space between such
floor and the ceiling next above it.
(50) STORY, HALF. A story under a gabled, hipped or gambrel roof
the wall plates of which on at least two (2) opposite exteri-
or walls are not more than three feet (3') above the finishcd
floor of such story.
(51) STREET. A public thoroughfare which affords principal means
of access to abutting property.
(52) STIIEET LINE. A divJ.ding line between land and a contiguous
street.
- 5 -
Ord. 21-72
891 "
206LS
(53) STP, UCTURE. An!,;{~]~inc which is built or constructed, an
edifice or ~,~ld~,~- of any ~J./ld o~f ar,~ D'~ece of work
ar{~fic~al'~v built ~p or com~}osed ~'~, Darts joJ.nc.d toqet]~er
-. ...... ~1~__ue ~.~le torn', 's'hruoture' sl~a]..1 be
construed as 11~ followed by the words 'or parts tNereof
wheeler .above or below ground.
(54) STRUCi~%L A~,D~,PeS~ION~. Any change in the supportJ.ng mem-
bers of a building such as bearing %,.~alls, bearing partitions,
columns, beams or girders, or any cempleee rebuilding of the
roof or the exterior walls.
(55) SUBDIVISION. A dj.vision of land into two (2) or more lots,
plots, or sites.
(56) TRAILER SALES. A place where trailer coaches (mobile homes)
are stores and/or displayed for ssi. e, either upon an open
tract or parcel of land or building or both.
(57) USED CAR LOT. A lot or group of contiguous lots used for
the storage, display and sales of used automobiles and where
.no repair work is done except the necessary reconditioning
of the cars to be displayed and sold on the premises.
(58) USED CAR JUNNYARD. A lot or group of contiguous lots used
for the dismantling or wrecking of used autOmobiles or the
storage, sale or dumping Of dismantled or wrecked cars or
their parts.
(59) VETERINARY CLINIC. A clinic or hospital facility for treat-
ment of animals and pets operated by a licensed veterinarian.
(60) YARD. An open space on the same lot with a building, un-
occupied and unobstructed from the ground upward,except by
tree~ or shrubbery or as otherwise provided herein.
(61) YARD, FRONT. A yard across thJ full width of the lot, extend-
ing from the front line of the building to the front line of
the lot, excluding steps.
(62) YARD, REAR. A yard extending across the rear of a lot meas-
ured between lot lines and being the minimum horizontal
distance between the rear lot line and the rear of the main
building.or any projections other than steps, unenclosed
balconies or unenclosed porches. 'On corner lots the rear
yard shall be considered as parallel to the street upon which
the lot has its least dimension. On both corner andinterior~
lots the rear yard shall in all cases be at the opposite end
of the lot from the front yard.
(63) YARD, SIDE. A yard between the building and the side line of
the lot and extending fromlthe front lot line to the rear lot
line.
- 6 -
Ord. 21-72
Sec. ,.9 2 D.iq~. , ,~-~t: , -
. ur~c{[.:~ ........ 'L-:,...~.. ..... ~[~ -- ::~ ; J ri,;:
u.~: .~_ ~ ....... n,.1.~_ . . ~..~ .... ~.. ~,, ~: ....S ~.~J. thi]~ an~i surrounding
buildinqs; t.o c].as~;izy, re:~::ia'te and res..r~ .... z ..... ].ocat:ion of t~,'~e~
m:]dG ~ ....S; ae.d tho location of ht~il, din9}~
~n~us~rial, bus,ness, re. siden~ ~n~ o~her uses the C~'f o~
Beach, ~zo3:~da," -' is hereby divided into distri~-ts.., kr. own as:
R-I~ Single Family Dwelling District
R-1PuLAB Single Family Dwelling District
R-l~% Single Family Dwelling 'District
R-i~B Single Family Dwelling District
R-lA Single Family Dwelling District
~[-10 Multiple Family Dwelling District
~-15 Multiple Family Dwelling District
RM-20 Multiple Family Dwelling District
NC Neighborhood Conunercial District
CC CoP~unity Co~nercial District
SC Specialized Commercial District
C-1 Limited Cor~ercial District
LI Light Industrial District
DlS ~r_c ~
HI Hea~ Industrial ' ~ ~
INTERIM Interim Zoning District
The boundaries of the districts are shown upon the map accompany-
ing this ordinance sections (29-1--29-7.10) and made a part thereof,
and entitled "Zoning Map of Delray Beach, Florida, 1972." The Zoning
Map and all the notations, references and other information shown there-
on are a part of this ordinance (sections 29-1--29-7.10) and have the
same force and affect as if such information set forth on the map were
all fully described and set out herein. This Zoning Map properly
attested is on file in the Office of the City Clerk.
In the creation, by this ordinance, (sections 29-1--29-7.10) of
the respective districts, the Council has given due and careful consid-
eration to the peculiar suitability of each and every such district for
the particular regulations applied thereto and the necessary proper and
comprehensive groupings and arrangements of the various uses and
densities of population in accordance with a well_ considered plan for
the develOpment of the City.
Interim Zone applies to all property being taken for 1-95 Inter-
state right-of-way purposes as shown on the official Department of
Transportation right-of-way maps. Interim Zone is an overlay district
in which the present zoning is applicable for a period of two years or
until the property is taken, whichever occurs first. No building
permits will be issued without Council authorization during that period
of time; after which, these districts shall be converted to those
zoning districts in conformance with the adopted Land Use Plan.
The boundaries of such districts as 6re shown upon the map adopted
by this ordinance (sections 29-1--29-7.10) or amendment thereto, are
hereby adopted and approved and the regulations of this ordinance
(sections 29-1--29-7.10) governing the use of land and buildings and
other matters as hereinafter set forth, are hereby established and
declared to be in effect upon all land included within the boundaries
of each and every district shown upon said map.
Where uncertainty exists as to boundaries of any district shown
on said map the following rules shall apply:
(1) Where such district boundaries are indicated as app~oximatel, y
following street lines, a].ley lines or lot lines, such 1.i.}~es
shall be construed to bg such boundaries.
(2) In unsubdJ, vided property or where a district boundary
a lot, th~ lot~ation o:(sucit bounck:rv., ~'"nJ.~-'~'" tho :;aim~ i.,
indJ.cate~ by~,_,m~.,l._;{ ,-,, s'lon,~', shall be dotcrmined by tt~e u,.~
- 7 -
Ord. 21-72
99g
206-U
shall i~terpr,a% the intent of the map as to the locatzon
of such boundaries.
(4)~.'h-~ere any street or alley is hereafter officia].!y vacated
or ~{bandenea, there~u-: lations apDiicsble~ to each parcel
of abutti~g property shall apply
. _ v. na~ portion of such
street or alley added thereto by virtue of such vacation
or abandonment.
(5) Territory which may hereafter be annexed to the City of
Delray Beach shall be classified in 'the R-~A Single
Family Dwelling District until otherwise changed by ordi-
nance as provided herein; or unless the Council shall
otherwise provide in the ordinance of annexation.
Se~. 29-3. General Provisions and Exceptions.
(A) THESE O~I~NCES S}~LL BE SUBJECT TO ~-tE FOLLOWING PROVISIONS
A~ EXCEPTIONS:
(1) ~ere the following are no't part of the. principal struc-
ture, chimneys, water, fire, radio, television towers,
church spires, domes, cupolas, cooling towers, smokestacks,
flagpoles, and similar structures and their necessary
mechanical appurtenances may be erected above the height
limits herein established after approval by conditional
use procedure..
(2) On double frontage lots,' the required front yard shall be
provided on each street.
(3) Each residential building shall be located on a lot or
parcel of land which provides .frontage on a public street.
(4) Temporary buildings used in conjunction with construction
work only may be pe~itted in any district.
(5) To further clarify the definition of structure as applied
to all districts and boundaries, the following shall apply
except that corner lots Shall be controlled by other
ordinances:
(a) ~e following ~tructures shall be permitted in front,
rear, or side setbacks as provided in this ordinance -
in ~y zone:
(a~) Planter walls--not to exceed 3 feet in height.
(bb) Lot line walls--not to exceed 6 feet in
height.
(cc) Fences--not to exceed 6 feet in height.
" (dd) House eaves--not to exceed 3-foot overhang.
(ee) Steps and platforms to i:he principal build-
ing--not to c:cceed 3-foot height.
(fl) 13arbecue pi. ts - 6' x 6
-- 8
Ord. 21-72
206-V
(gg) Rock gardens.
(hh) Fish or lily ponds--l~'-inch maximum
.~.t in height
(ii) Pump ho.using .... ,~ot to excecd 3 f' ~ .
(b) O%:her structures similar to %he above shall require
application to the Building i~spector.
(6) Along Ocean Boulevard (State Road AJ.A) a building setback
of twenty-five (25) feet shall be observed from the so-
called "Brockway Line" (a.s appears in Plat Book 20, Page
4, Public Records of Palm Beach County, Florida) except
that said "Brockway Line" shall be the building line for
Lots 1 through 7 inclusive, Block., ~ Ocean Park, as sho~
on Plat Book 5, Page 15 of the Public Records of Palm
Beach County, Florida.
(a) Setback lines shall be established on both sides of
West Atlantic Avenue sixty-eight (68) feet from the
center line thereof, from Swinton Avenue to the city
limits, and no structures shall be erected, altered
or reconstructed within the area between such set-
back lines. ~ere a lawful structure exists, at
the effective date of adoption or amendment of this
paragraPh, that could not be built under the te~s
of this paragraph by reason of the new setback re-
quirement for buildings from Swinton Avenue to the
city limits, such structure may be continued as long
as it remains lawful, subject to the following
provisi6ns:
(aa) No such structure may be enlarged or altered
in a way which increases its nonconfo~ity.
(bb) Should such structure be destroyed by any
means to an extent of more than fifty per
cent (50~) of its 'replacement cost at time of
destruction, it shall not be reconstructed
except in confo~ity with the provisions of
paragraph (A) (6) (a). ~is regulation shall
not be interpreted to require a setback of
more than sixty-eight (68) feet from the
center line of West Atlantic Avenue.
(b) Within the residential district along the west side
of Southwest Eighth Avenue between West Atlantic
Avenue and Southwest First Street, all buildings
shall be set back not less than fifty feet (50')
from the east property line, and no structure shall
be erected, altered or reconstructed within the
area between such setback line and the west right-
of-way line of Southwest Eighth Avenue.
(7) Along the Federal Highway (U.S. 1) the following setback
provisions shall be conformed to:
(a) Along East Fifth Avenue and along East Sixth Avenue,
within the corpor~te limits of the city, a setback
distance for the construction and erection of build-
in,is ancl improvemenhs be and the same .~.:~ hereby
fixed at a d~[stance of forty (40) fcct cast
Ord. 21-72
'206 -W
west of the respective center lines of said
oughfares, as the same are now located and estab-
lis}led. This setback line si}ail hereinafter be
ferred to as 'khe "buildin,g setback line."
(b) For t'he purposes of this section, hhe "street line"
or "property line" is deemed as being fixed and
e~'tablish,.~d at a distance oil kl~i.rtl/ (30) feet east
and west of the respective center lines of said
Fifth Avenue and Sixth Avenue in the city.
(c) No obstruction of any kind or nature, whether tem-
porary or permanent, artificial or natural, tran-
sitory or otherwise, shall be permitted within the
area between the street line, as located thirty
(30) feet from the center line of said thoroughfares
and the building setback line, as herein established
forty (40) feet from the cone_er line of said thor-
oughfares, except that canopies and marquees will
be permitted to be placed over this ten (10) foot
strip. Shrubbery may also be planted in this -ten
(10) foot strip, but shall not exceed three (3)
feet in height. The planting of trees in this ten
(10) foot strip is also permitted, but is subject
to regulation by the City Engineer
to make certain that proper vision is maintained
at intersections and so that the public welfare
and safety may be protected.
(d) In clarification of this section and not by way of
limitati'on, it is intended there shall be no parking
of vehicles within said ten (10) foot strip at any
time, no fuel pumps, no merchandise for sale or
display (including all types of vehicles), and no
signs of any kind.
.(e) Residences, .tourist courts, motels and hotels shall
be governed by the setbacks established in their
respective zones now provided for in this chapter,
except that no setback shall be less than herein
" provided for.
(f) N.W. Fourth from Swinton Ave. West to city limits.
(aa) The center line of Northwest 4th Street in
Delray Beach, running from Swinton Avenue in
said City west to the corporate limits, be
and the same is hereby located, fixed, re-
located, and established to center upon and
coincide with the section line between Sections
8 and 17 in Township 46 Sou~h, Range 43 East,
irrespective of present paving or improvements,
for that portion of said street lying between
the center line of Swinton Avenue and the
center line of Northwest 4th Avenue, and thence
from the center line of said Northwest 4th
Avenue west to the corporate lJ. mits to. co-
incide with the center line of Northwest 4th
Street as shovm upon +~hat certain plat pre-
pared by Brockway, Weber and Brockway, dated
Septemt~)er, 1955, en~.ii~l.cd "Pr'oposcd ',3oul~_:vard
through S,o~ th i'~-?,].f oC' Sccizio,~ 8, Tc';v:ns!~.J_~.,
South, Range 43 Eas~, Palm De. ach County,
206-X
Florida," b~.ine l.'i'~ ~'? TF-]. -' ', ~
...... ,~,). 565-A, a
of' ' "'"',.,,, ..~ ~"~.~, is a ~:'t:~cl-:cd h,~re.i:o ~,:nd ronda a ./t.,,~.~ ~- - '"
0ob) Tli'te so '~" di~e'*._,,,_,:~,,.,.,. ..... {or 'bhe conztbr',tc%ion
from the con/er ].ine ,.~f a. ztid l.ffori-fhwcL~t
Street, as hereinabox:e Icca'~ed and establish-
ed, ].x:ginning at Swin~:}n Avenue and r'u~nir~g
l_m .... , be and-the same is
west %o the city {
~m~e~[ at a dis-hance of sixty-five (65)
hereby ~'~ ~
feet north and south thereof, respectively.
(cc) Any buildings, improvements or facilities
now existing adjacen%~ ~o said Northwest 4th
Street which are located within distances less
tllan %he above specified setback be and same
are hereby classified as nonconforming uses,
~nd if any such existing building is here-
after extended, converted, reconstructed or
remodeled so as to chenge the. loc~tions and
reconstruction shall be made to confo~ to
~he above and foregoing setback requirements.
(g) N.E. Fourth between Swinton Avenue and N. E. Sixth
Avenue.
(aa) ~ere is established an eighty (80) foot
ultimate right-of-way on N. E. Fourth Street,
b. etween Swinton Avenue and N. E. Sixth Avenue,
said right-of-way .to be measured from the
existing center line of N. E. Fourth Street,
being the forty (40) feet North and the forty
(40) feet South from said center line. ~ere
shall be no building permits issued which
would conflict with this ultimate right-of-
way.
(h) N.E. Eighth between N.~ E. Fifth Avenue and Palm
" Trail.
(aa) ~e setback line along that portion of N. E.
Eighth Street lying between N. E. Fifth
Avenue and Palm Trail shall be forty-three
(43) feet from 'the existing center line.
(i) Ge~ento%~ Road between State Road 809 and State
Road A1A
(aa) Setback lines shall be established, sixty-
eight (68) feet on both sides of the center
line described as follows: Beginning at
point on thc west line of Section 24, To%~-
ship 46 South, Range 42 East (being the center
line of SR-S09), said poJ. nt lying 53 feet
north of and at right ~ngles to the South
line of said Section 24, To%~]ship 46
Range 42 East; theno~ run in an oas'hotly di-
rection parallel wit]/ and 53 feet north of [-}~
south line of O~-c{.ion '~ ..... ..
Ran'.~c: ~t'~ i]:~s t and t.h.,~ ~'c''~''~ ~' ii :[.n,~: o,' ~:,.,"~
19, 'i'o',',~nSi].[p ,q(5 South, Rarlge d. 3 East.,
point being the t:~eginni~g of a 3° curvo,
- 11 -
Ord. 21--72
206-Y
conuz.:.vc to t]:e south, k, avine a centr~l angle
of 6° 30: d3" and a r,:dius of 19t0.08 feet;
1I' direction 250 fe~t along a line creak, ted
+:ioned curve, to tlne .~scqinni~g of a curve
concave to the north, lta~ing a central angle
of 6° 30' 43" and a ru[fius of 1910.08 feet;
thence 217.10 feet along the arc of said curve
in an easterly direction to the end of said
curve, with the end of :.a~d ~' ~, curve being, a
point on the sou-th !i::e of said Section 19,
To%q~ship 46 South, Range 43 East, lying 1386.68
feet west of the aforementioned southeast
corner of said Section 19, To{~ship 46 South,
Range 43 East; thence in an easterly direction
along the south line of Sections 19, 20 and
21, To%~ship 46 South, Range 43 East, to the
center line of State Road A1A and the end of
herein described center line of right-of-way
description; with all of Lots 33, 34 and 35
in Del-Harbour Subdivision., as appear on plat
thereof in Plat Book 25, page 148 in the
. Public Records of Palm Beach County, Florida,
being considered a part of this herein right'
of-way description.
(8) In the C-1 General Co~ercial District, within one hundred
(100) feet of the Florida East Coast Railway right-of-way
between North Fourth Street ~d South Fourth Street the
following uses will be pe~itted:
(a) Warehouses
'(b) Trade shops, except that .any person, firm or cor-
poration conducting such a business in the afore-
described area shall be re,ired to provide one off-
" street parking space for each person employed on
the premises.
(c)Walled storage of 2,500 square feet, minimum area,
with eight (8) foot solid walls surrounding it.
.... Access openings shall be fitted with solid gates.
Sec. 29-4. R-ZA.~,_ R-!~.~.~, R-!Zel, R-i~B and R-lA Single Family. _
D%fel 1 J. nq Districts.
(a)
These districts are created in order to provide desirable
restrictive residential districts. Land areas placed in these
classifications are intended as single family areas that will
be developed at low popula~on densities.
(B) USES PERHITTED
within any R-]_~, R-1Ar~XB, R-I~A, R-IAAB and R-lA single
Family Dwelling District, no bt.ti]ding, s{:ruci-ure or land or
water .,nell be used except for one or more of the following
(]_) SJno]e.~ ., _.. family dwellings and t]~eir cnstomary accessory
- 12 -
Ord. 21-72
206-Z
(2) In R-]AA and P-IA tiome Occut)at:Lons.~ as defined in ~ec" -. 29-1.
(C) CC~'~DT-~Tr''''' ~,.~ .~ ~._~ . ~I, USES
fact that t'i~c p:co~ose(i t~se or used ~re co~sis't~:nt wJ't.h good
zoninq pracqice, ]~ot con'~:rarl;' 'to ~L~. ~. ..... ~-a,~ ~'t
detrimcntu, i -~o L'he health, salety, and c~nueral welfare of the
City, Che following may be recotr~nended {:o the City Council as
permit~zed uses in the tb--l~AA, R-3i~AAB, .,-lz~, R-i~aB and R-iA
Single Family Dwelling Districts.
(a) Public schools, nursery schools and kindergartens.
(b) Libraries, co--unity center buildings, public museums.
(c) Churches and their attendant educational and recre-
ational facilities.
(d) Public utili%ies.
(e) Membership clubs catering exclusivel~ to me~ers and
their guests, lodges and fraternal assembly quarters.
(f) Golf courses, swiping and tennis clubs, and similar
recreational facilities as principal uses when used
as public facility or a private club.
Ail of the ~ove conditional uses may be allowed subject
to compliance with Section 29-7.4.
Any review of an application or plan shall consider the
character of ~he neighborhood in which the proposed use is
to be located and its effect o~ the value of surrounding
lands, and further, the area of the site as i% relates
particularly %o the required open spaces and off-street
parking facilities.
(D) BUI~ING ~IGHT ~G~TIONS
No building or structure shall exceed thirty-five feet (35')
in height, except as provided in section 29-7.4.
(E) MINIMUM BUI~ING SITE At~A ~ LOT DIMENSIONS
District Lot Area Lot Width / Frontage Lot Depth
R-~, R-i~ 12,500 sq. ft. 100-feet 100 feet 110 feet
R-].~ 9,500 sq. ft. 75*/95**. 75*/95** 100 feet
R-i~ 9,000 sq. ft. 90 feet 90 feet 100 feet
R-IA 7,500 sq. ft. 60*/80** 60*/80** 100 feet
* Interior Lots
** Corner Lots
(1) t~uere a lot or parcel of land has an area, width or depth
less than the above and was a lot of record at the time of
the adoption of this ordinance, said lot may be used fcr
a single family dwelling provided the minimum yard require-
ments as set forth herein are conformed wit]].
(2) ~e front~-tge of a lot or. parcel is defined as the shortest
properly line adjacent to a public sUrecL.
of ].o~, may be reduced by J~orty pez' cent (40~), provided
-- 13 -
Ord. 21-72
206LAA
that the center ilne radius of the adjacent public street
i.s one ]R~ndrcd (100) feet or less.
(F) M!NII{U~4-Y£d%'.D kI~X3U£.ATIONS AND M!N!~,~H ACGRCGATi~ FLOOR A]%EAS
REQUIRED
S Jde
District .Front Rear Interior-Street Floor ~3ea
R-]AAA 35 12 12 17 2,200 sq. ft.
R-1AAAB 35 12 12 17 1,500 sq. ft.
R-iAA 30 10 i0 15 1,500 sq. ft.
R-1AAB 25 25 8% 20 1,500 sq. ft.
R-lA 25 10 7% 15 1,000 sq. ft.
(1) On "through" lots with frontage on two streets, the required
front yards shall be provided on both streets, unless accesa
rights have been relJ. nquished to and accepted by the City o~
Delray Beach, then the rear yard standard for that zone shall
be applicable.
(2) All setbacks shall be measured from the street right-of-way
line, and where special setback lines have been established
on any street or highway for street widening purposes, front
and street side yards shall be measured from the special
setback line on the property.
(3) The minimum aggregate floor area is the total floor area of
a building, ~exclusive of terraces and unroofed areas, includ-
ing fifty (50) per cent of attached garages, carports and
screened porches. Screen top patios are considered unroofed
areas.
(4) Zero lot line in R-1AA and R-lA subject to compliance with
Section 29-7.4. On any'two or more lots which meet the
minimum area dimensions herein the structure may be placed
contiguous to the interior property line common to its
ownership provided, however, that the sum of the two
required side yards exists on the opposite side of the
common interior property line.. No openings of any kind
shall be permitted on the interior property line wall,
which wall shall be of fire wall construction.
(G) OFF-STREET PARKING REQUIREP~NTS
See Sec. 29-7.3.
(H) ACCESSORY BUILDING REQUIREMENTS
(1) Accessory buildings shall not be located within any of the _
required yards as defined in paragraph (F) above.
(2) Where the accessory building is attached to the principal
building or connected thereby with a breezeway, the side
yard shall be measured from the outer wall thereof.
(3) No garage or other accessory building shall be erected
before the principal building is under construction to the
point of being fully enclosed.
Sec. 29-5. PJ~-10 and RM-].5' MULTIPLE FAMILY DWELLING DISTRICTS.
(A) PURPOSE
.(1) RM-10. The purpose of this zoning district is to provide
a low density mult. i-f~mily resid~ntJh.[ c:.~.hcgory, ~,q'~ich will
be compaeib]e w:[ tat more restricttJve, .i_ower d(r~sity,
family residential and wii1 ex~ibit t~ pronounced archit,Pc.-
rural relationship with adjacent more restrictive zoning
districts.
Ord. 21-.72
206-BB
(2) R:~-]5, Ti;,':; ,t~t~Fpo::.:~ of tNJs ;~opirl[~ district i.q to r~ro,rid,:: a
::~ l-j:.:..'::ti :.d'~
builJ:i.rh;, stz~c:Luro~ l!_~::d or x.;~[:c:r:' s]ta.li i:;~: use~t axc:apt f:or
or more o.ff 't,~:~: :[c.,lLlowi.F~g uses:
(1) Ar(r use pcrm:['h.-lze/i i< t]~e R-lk~ Single FamJ_is' Dwelling DistrJ. ct,.
(2) Nu]_tipJ_e r'~u~ily, projecLs conhaining e:fght (8) or less
(C) CONJ)IS.'ION~S!, USES PI:iE[~;tTTED }?OR RN-10 o:<' ].5
As prescribed in Section 29--7.4, and a-ifter t]~e review of the
application and plans appurtenant thereho and hearing thereon,
the Planning Boari finds as a fact Cleat the proposed use or
uses are consistent with good zoning practice, not contrary to
the Master Plan, z~d not detrimental to the health, safety,
and general eel}Ye, re of the City, the following uses may be
recommended to the City Council as conditional uses in the
~9-10 and 15 Multiple Family Dwelling Districts:
(1) Multiple Family projects containing nine (9) or more
dwelling units in one or more structures and their attendant
recreatJ, onal and sales facilities.
(2) Schools, nursery schools and kindergartens.
(3) Libraries, community center buildings, public museums.
(4) Churches and their attendant educational end recreational
facilities.
(5) Public utilities (excluding equipment and seorage yards).
(6) Golf courses, swim, ling and tennis clubs, and similar
recreational facilities as principal uses when uSed as a
public facility or a private club.
(7) Doctors' offices.
(D) ADDITIONAL CONDITIONAL USES PE~4ITTED IN ~-15
(1) Commercial uses totally contained within a residential
structure, limited to a total floor ere~ not to exceed
ten (10) per cent of the gross ~esidential floor area
contained therein, exclusive of vehicular parking and
service areas and limited to such uses as restaurants,
delicatessens and such personal services as beauty shops,
barber shops, and drug stores.
(2) Hospitals.
(3) Broadcasting facilities.
(E) MINIbIUM BUILDING SITE APSN AN~ DENSI~ COMPUTATION
{1) Minimum Lot or Parcel of Land
~-10 ~-15
First two (2) units 6,000 sq. ft.
First three (3) units 8,000 sq. ft.
Each Additional Unit 4,600 sq. ft. 2,900 sq. ft.
Maximum Floors 2 residential 5 residential
floors floors
(2) Minihtum Lot Dimensions
RM-10 RP4-15
(a) Front 60 ft. 60 ft.
(b) ~qidtN 60 fL. 60 ft.
(c) D'~'~,~h ]00 fiT. lO0 fL.
(d) A~'c"~ (sq. iTL. ) 6,00'3 s,:f. :ilL. 8,000 ::q. itt .
- 15 -.
Ord. 2].-72
206'CC
(3) Exceptions
(a) On curving si:ree't-s and cu..-~ --sac,~, i-he re~'~u:[red
1 e s s.
(b) On lots or parcels of record, Cite f~ov]t;'lces of
do not m,:et tnt required mi.r::~:Rmt of sixty (60) feel
nc, are riot }_ess {~!-~a:l :';fry {:':0) feet t}t~. contairi the
minimum let area, two dwelling' units sh~ll be permie'Nsd
and sideV~:es..- *' sNall be es p:lovided for in the
Zone.
~'le following s}:all, be the minimum ~loor areas for all mul~iple
family structures expressed as net livin~ area, exclusive of
porches, balconies, decks and conm~on areas such as corridors:
(1) Efficiency Apartment 400 square feet
(2) One Bedroom Apurhment 600 square feet
· (3) Two Bedroom Apartment 900 square feet
(4) ~ree Bedroom Ap5rtment 1,150 square feet
(5) Four Bedroom Apartment 1,350 square feet
(A minimum of two (2) bethrooms is required in four
bedroom multiple family dwelling units.)
(G) MINIMUM .BUILDING SETP. ACKS BY P~S~ENT~XL FLOORS
(1) ~%e following shall be the minimum building setbacks for
all multiple, family structures permitted and described in
this Section:
( RM-15 )
(, )
· ( RM-iO' ) ' )
( ) )
( 1-2 ) 3 4-5 )
( ) )
(a) Front ( 25 feet) 25 feet 30 feet )
( ) )
(b) Side (interior) ( 15 fe'et) 25 feet 25 feet )
( ) )
., (c) Side (street) ( 25 'feet) 25 feet 25 feet )
( )
(d) Rear ( 25 feet) 25 feet 25 feet )
(2) All setbacks shall be measured from the street right-of-
way line, and where special setback lines have been estab-
" listed on any street, or highway for street widening purposes,
front and street side yards shall be measured from the
special se'hback line on the property.
(3) Swimming pools in P~t-10 and 15 may be permitted in any yard
provided that they comply with ordinance Sec. 17-28.1
and comply with the setback lines.
(4) Single family residences will be permitted to observe the
setbacks set forth for the R-1D-A district.
(H) ~AXiMUM PERHITTED GROU'hq) FLOOR BUILDING AREA
The total ground floor building area of all buildings and struc-
tures shall not exceed forty (40) per cent of the total lot
area.
(I) ~,9!XtMUM PERMITTED~ P, UtL~ ' DIN~ IIEIGI1T
(].) PM-10. No building or structure may be constructed to a
heig'ht ¢:>:ceedi~:{i Lv,,o rosJdcntial i'!oo:s or J.n the
Ord. 21.-'12
206-DP
(2) P,..'.~- ! 5 ....
]]c J g'i~ l; e 2< (x.:,'.', ~.[ :~: :~:~
i.}'~':' {;.r s.-',..,',,~c{'c.r{,
(j)
S,;e S,.~'c, 2!}.-'? o 3.
b~ ~1-~ ' ' ~' '"~ ~ r~ {''~'
(1) AA1 Ac .......... ~'~,~ ~uildiu~:}'s shall_ obse:cvc the same setbacks
req~ired for
(2) No garage or other accessorl~ buitdin.~ shall be erected
befoFe the principal bv,,i_!ding is u.~¢l.{~r construction to the
point of being fully enclosed~ except where specifically
permitted 'i3y the Site Pi£nn Parfait.
(L) WALLS A},~D N£:NCI!]S FOR M~-!0 and 15
· (i) In any Mu±~.l.p~,.e Family Dwelling District, no fence, wall,
or structure shall be maintained within the area at any
corner s'hreet intersection et elevations the City Engineer
determines will obstruct visibility.
(2) tn any Multiple Family Dwelling Di,~}trict, walls and fences
· erected on all lots shall be in accordance with the following
criteria:
(a) Front Yard: Front yard. walls and fences, including
those on fr. cnt and side lot lines, shall not exceed
four (4) fee% in height above established lot grade
and may be maintained within a required front yard
area.
(b) Side and' Rear Yards: Side and rear yard walls and
fences, including those on side and rear lot lines,
shall not exceed six (6) feet in height above the
established lot grade and may be maintained behind a
required front yard area.
(3) Walls, fences, or similar structures erected in any Multiple
Family Dwelling District, shall not contain any substance,
such as broken glass, spikes, n~ils, barbs, or similar
materials designed to inflict pain or injury to any person
or animal. No barbed wire or electrically charged fence
shall be erected in any location on any lot or parcel of
land in these districts.
Sec. 29-5.1. RH-20 Multip. le Family Dwelling District .
(a) .PURPOSE
RM-20. The purpose of this zoning district is ~o provid~
a residential density %~Znich encourages a vertical structural
form compatible with locations adjecent to the core area
as well as other J.ntense commercial acti~ity and which is
adequately serviced by traffic arteries.
(B) USES PEP24ITTED FOR PJ,i-20
Within any RN-20 ,?,lu!ti. ple Family Dwelling District, -~%o
buildi~9, shrncturc~, land or ~.;a. ter sJ~all be used except'for one
or more of
~.~,~.}..~... FnmJ_iy ~roject:s con{:~ini.ng c,~c,'~-~- (S) or less
dl,~tJ.J~gs uJl.i.(-s i~ e]).e or m()lllC~ structures,
(C) CC~NiIj 11 h.' i%1o5 ]' ~ L
- 17 -
O~.d. 21-72
206-EE
a. ttendant -~ ..... , ..... . ~. ~
(2) '~ :, i-: i.%hin a residential
structure, ].Lmited Lo a total ~loox area not to exceed
ten (10) per cent of the gross res[d?ntial floor area con-
tained t:herein, exclusive of v=~r~'h'!~'"'-I"~r p~.r]zing and service
areas and limii:ed to such uses as res'tau, rani:s, dclicetessens
and such perscn~l servicers. ._ as beauhv_. ~,~.,.~.~,~,-,-*, barber shops,
drug stores, p.~o.._eso~onal and bu o~.~J, ces.
(3) Schools, nursery scNools and -i ,-' .,~'c ~-~: ~
(4) Libraries, community center build .... ~.~, public rauseums.
(5) Churches and their attendant educational and recreational
facilities.
(6) Public utilities (excluding ' ~ ', ~ ~
equ~pm...n_ and material storage
yards) .
(7) Golf courseS, swishing and tennis clubs, and similar recre-
ational facilities as principal uses when used as a public
facility or a private club.
(8) Doctors' offices.
'(9) Hospitals.
(10) Broadcasting facilities.
(11) Office buildings. .. -
(D) MINIMUH BUILDING SITE A~A A~ DENSI~ COMPUTATION (1) Minimum Lot or Parcel of Land
First four (4) units 20,000 sq. ft.
Each additional unit 1,500 sq. ft.
'Maximum floors 7 residential
floors
'? (2) Minimum Lot Dimensions
PLM-20
(a) Front 150 ft.
(b). Width 150 ft.
(c) Depth 120 ft.
(d) Area (sq. ft.) 20,000 sq. ft.
(3) Exceptions for
(a) On curving streets and cul-de-sacs, the required
frontages of lots may be reduced by forty (40) per
cent provided that the center line radius of the
adjacent public street is one-hundred (100) feet or less.
(b) On lots or parcels of record~ the frontages of which
do not meet the required minimum and are not ].ess than
fifty (50) feet but contain a minimum lot area of
8,000 sq. ft., two dwe].ling uni-t:s shall be permitted
and side yards shall be as provided for in R~iPJ~ Zone.
(E) .T:IINIMUM ACGRI~CA'JJ]'~ ]J'LOOi% AREAt'~n'()~"o!'r~I;'t~ ~N"'~-2~ ~
(2) One Ecdroom Apartmcm't: 600
- 18 -
Ord. 2]--72
206 -F F
(3) Tv:o :~:,,e~room .~',~:.~rti:~c.ut 900
mu.l't-il~lc: fr.:mJ.!~r s;tructux:'~_~r:: p~rmi, tt':::'[ and d.e::cribefl in this
S(:c~J. on:
( o )
( )
( 1-2 3 4-5 6 7
( )
(a) Front ( 25' 25~ 30' 30' 30')
( )
(b) Side (interior) ( 15' 25' 25' 30' 30')
( )
(c) Side (street) ( 25' 25' 25' 30' 35')
( )
(d) Rear ( 25' 25' 25' 30' 30')
(2) All setbacks~ for RM-20 shall be measured from the
street right-of-way line, and where special setback lines
have been established on any street or highway for street
widening purposes, front and street side yards shall be
measured from the special setback line on the property.
(3) Swimming pools'' in Ri4-20 may be permitted in any yard
provided that they comply 'with Ordinance Sec. 17-28.1
and comply with the setback lines.
(G) ~AXIMUM PEPJ4ITTED GROUhiD FLOOt% BUILDI~[G AREA FOR R!4-20
5q~e total ground floor building area of all buildings and struc-
tures shall not exceed forty (40) per cent of the total lot area.
(H) F~XXI~UM PERMITTED EUiTiIING HEIGItT FOR PQ4-20
(1) The following shall be the Maximum ~3ui!ding Height permitted:
(a) No building or structure may be constructed to a
., height exceeding two (2) residential floors, or in
the case of a recreational building not higher than
the highest principal residential buildings, unless
approved as provided by the Site Plan Permit. In no
case shall a building or structure exceed seven (7)
residential floors for R~q-20.
(I) ON-SITE PAPd~tNG REGULATIONS FOR
See Section 29-7.3.
(1) 19~ere shall be provided at the time of the erection of any
main building or structure or at the time any main building
or structure is ~ltered, enlarged or ir:creased in c~pacity
by adding dwelling units, guest rooms, floor area or sea'ts,
at least the minimum number of parking spaces as provided
herein and adequate provisions for the ingress and egrcss
of automotive traffic, .incluc-iJ. ng public safety vehiclc~.
For all. c:cc'.~3sory st:~?,3, c;:.u'~-es, the fol].o~.~ing requiremc~ntS si';a]l
be olDservc?{]:
(1) ]'~.ll Ac.c{Is.~':ory Dui.].dings s'l~all obs¢:z-v'e ti~e same sci:backs
required for i:he pr:i_ncip~] r~L]:'u~:[:v,.ro,(:-~).
- 19 -
Ord. 2 1-72
" ...... ' ........ ' .... ~
de'~c:r~2iN,:!:~,. '-".,. ...... ]-'L OOt~'hFIiC~: V..~,-,.L,.)..Iit,/.-;'- '~ d.
erected on all J. ots '-' .... we . . .
si~dl-~- ' ii'i accordal'ice wi-Eh the
eri-keri.a:
(a) Front: '~ "-~ ' wal .... end fences, including
tho~e on frent and side lot L2.ne,~, shall net ~.xc~:..~d
four (4) ~_ee"*,_ in }~eighe above established lot grade
and may be maintained within a required front yard
area subject to compliance with visual controls for
traffic requirements.
(b) Side and e~ Yards: '"~ .
.... ~. Stat.z= and rear yard walls and
fences, including those on side and rear lot lines,
shall not exceed six (6) feet in height above the
established lot grade and may be maintained behind
a required front yard .area.
(3) Walls, fences, or similar structures erected in any Multiple
Family Dwelling District, shall not contain any substance,
such as broken glass, spikes, nails, barbs or similar ma-
terials designed to inflict pain or injury to any p~rson
or animal. No barbed wire or electrically charged fence
shall be erected in any location on any lot or parcel of
land in these districts.
Sec 29-6 NEIGHBORHOOD COmmeRCIAL DISTRICT (NC)
(A) P~POSE
~e purpose of this zoning district is to provide a limited
commercial facility of a convenience nature, servicing the
residential neighborhoods within a three-quarter (3/4) mile
radius.
(B) USES PEPd,[ITTED
Within any Neighborhood Co~ercial bistrict, no building,
structure, land or water shall be used except for one or more
of the following uses:
(1) Retail newsstand.
(2) Retail bakery.
(3) Barbershop ~nd other personal services.
(C) COI~ IT IONAL USE
As prescribed herein and in Section 29-7.4, and after the review
.of the application and plans appurtenant t'hereto and hearing
thereon, the Planning Board finds as a fact that the proposed
use or uses are consistent with good zoning practice, not con-
trary to the Land Use Plan, and not detrimental to the health,
safety and general welfare of the City, the following may be
recommended to the City Council as Planned Neighborhocd
Commercial Deve!opmen~:
(1) MINIMUM BUI~)ING SITE AREA
~e development shall consist of a contiguous area of not
less than four (4) acres but not ~, ~o
mc,~. than eight (8) acres
and shall be planned and developed as a single entity.
(2) USES AUI'iJOiklZED
(u) Service staeions without major repuirs.
(t)) Retail foc)d and grocery st:or('.
(C) Re'ila{ ] ]la.rd'...:aro, pnJ. n [: - d '
dn~ gacdon supplies.
(d) iLc~'['hli_! d]',.:c stc, z'e.
(f) Lat~ ~(]:cy and al.tv-cleaning pi_c];--up stat::ions.
- 2O -
Ord.
206-HH
~ :~c: 1 '.~-~C:[:'V:i.c:¢.: .ii ~,,' ,"]
- -~ ~ .3,'] { ,.:.. -': , ] "
ings :*~'~:~.11 c,:-~,;;.k./ ',.~.kt..;~ ~';". ....... {'n~ iewJnG ~ .:~¢'~ul.' 4 ......
(a) Fron{~ago 200 fee4:
(b) Wj dt-h 200
(e) Depth 300 feet
(d) Area 60,000 square feet
(2) EXCEPTION
- -': 2..,.. z ~ ;._2ornood Commercial
Any lot or p?reel o~. record zoned ':"~'c-~t
xd~ieh ,',,,-~ifies as a lot as set forth in this Code and
whictl does no% comply in all respects with the minimum
lo% dimensionsoN~c~'P~ .,.~eA~'-: s herein mP3~y nevertheless be used
as permitted and otherwise regulated by the provisions
applicable %o this distri, ct.
~e following shall be the minimum building se'tbacks for ~11
buildings or structures permitted and described in this Section:
(1) MINIMUM BUI~ING SET,ACRS
(a) Front 80 feet
(b) Side (interior) 40 feet
(c) Side (street) 40 feet
(d) Rear 80 feet
(2) EXCEPTION '
If there exists a commercial use on the adjoining lot or
parcel, the interior side yard on the co~.on property line
may be reduced to not less then twenty feet (20') unless
a Unity of Title has been filed.
(F) ~XIM~ PE~{ITTED GRO~,~3 FLOOR BUI~ING AREA
~e total ground floor building area of all buildings and
strUctures shall not exceed forty ~er cent (40%) of the total
lot ares.
., (G) ~XI~M PERMITTED TOTAL FLOOR A~A
~e total area of all ehe floors of ~11 buildings and structures
included within the surrounding walls shall not exceed forty-five
per cent (457~) of tine total lot area.
(H) ~XIMU}i BU!~iNG IIEiGHT
No building or structure may be-erected, constructed, con-
- .verted, established, altered, or enla. rged to a height exceeding
thirty-five feet (35').
(I) MINIMU24 O~F-S~.z~nET PARt{!NG REQUIREb'~NT
See Sec. 29-7.3.
(J) WALLS AN~ FENCES
In any Neighborhood Co;rsnercia! District, no ~ence, wall structure
or hedge snell bc maintained within the area at any corner street
intersection at heights the City Engineer de'terminus will obs k~ruct
visibility from a right-of-way.
(1) Walls and fences erected on all lo~ in this district sha].l
conform to the following criteria:
(a) Ualls, ce c .... s' '-
~,n_,.s, or 2_m~.tar szruc%ures erected in any
Neigh]3orheed Commercial DisT:~ick, shall not contain
any s,~z~ ..... :;, s~lch as broken ~2,zss, sn23:es, ~ai.l.s,
barbs, or s.kzni].er mat~erinls :iesio~cd 'do
in m~!, ..oc,.~,...:ion c;n ~x}./' ioL or parcel of land
d i s Lr:Lc
206-II
~u';? ~ '" us
a fence or
not %0 c:.:(:eed
storage oi: }cierchandir;.e, mat-c:.:~:'ia~ or equipment s'ha!l
exccc~cl hbo ]ic ig]]t of khe e'rlcli.()::-;ing wall. or fence or
bui!dJ..ng whit'never p:.:o:~i3'ies f.-'~-.e best visual ohs%ruc-
tion from a public right--of-way.
Sec. 29-6.1. CO~!b~U~[Z?f
(A) PURPOSE
~e purpose of this zoning district is to encourage the
development of in intensive retail commercial facility,
providing a wide range of goods and services, located
adjoining at least one major arterial, and servicing a
two (2) mile radius.
(B) USES PERMITTED
Within any Community Commercial District, no building, structure,
land or water shall be used except for one or more of the.
following uses:
(1) Retail hardware, paint and garden supplies.
(2) Retail bakery and confec'i~ionary.
(3) Barbershop and other personal services.
(4) Retail newsstand and bookstore.
(5) Art store.
(C) CONDITIONAL USES
As prescribed herein and in Section 29-7.4, and after the
review of the applica, tion and plans appurtenant thereto and
hearing thereon, the Planning Board. finds as a fact that the
proposed use or uses are consistent with good zoning practice,
not contrary to the Land Use Plan, and not detrimental_ to the
., health, safety, and general welfare of the City, the following
may be recommended to the City Council as a Planned Community
Commercial Development:
(1) Minimum Building Site Area.
The development shall consist of a contiguous area of not
less than ten (!0) acres but not more than twenty (20)
acres and shall be planned and developed as a single entity._
(2) Uses Authorized.
(a) Service stations without major repairs.
(b) Retail food and grocery store.
(c) Retail drugstore.
(d) Florist.
(e) Banks, includinc~ driv(i-J.n bank.
(f) ApplJ_ance stores, including servicing.
(g) Business oJ~ faces.
(h) Bic~cl, e s~les and repairs.
(i) Cafe, del i catc~sscn.
(j) Retail hardw.~r::_~, paini: and gaFden supp].ic~.s.
(].) Fu'~-n~[ur,~ ,store.
(m) C)ff'Jcc f'urni~-:nre and supplies.
- 22 -
Ord. 21-72
206-JJ
~.~us', c F; tore.
..... ' '~ 'cea]. es[:.a, te, profess:[oriel and medical.
O~.. ~..cc,
v) Z~hoi:o~:~r~phic ~,upp].y slope ~n~ sEudio.
w) Furnishings fo~ man and women,
(y) F~et~,il liquor ~n~ bar.
(~) S~ndries a~d v~rJ. eEy sEores.
(aa) Theaters a.n~ moEion ~ic~ure houses.
(~b) Public uEilit~es (excludinE ouEside s~orage).
(cc) AuEomoEive pErEs, retail, onl~.
(d~) Junior de~arEment slore (not lo excee~ EhirEy-Ehousand
(~0,000) sEuare ~eeE of loEal ~].oor area).
(ee) Ho~¥ s~ores.
(f~) N~rseries -
(9g) Paine and wallpaper s~ores.
(hh) Shoe stores and repair.
(ii) VeEerina~y clinics, ou~-pa~ien~s Only.
(D) MZNZNUM BU~ZDZNG ;SZTE AREA A~ LOT DIMENSIONS
No building or portion Ehereo~ shall be erecEe~, co~slrucEed,
conver~ed, esEa~lished, altered, enlarged or used i~ any
Community Conm~ercial Dis~ricE unless the premises and buildings
shall comply with lhe ~ollowing regulaEions:
(l) Minimum Loi Dimensions an~ ~rea.
(a) FronCa~e 200
(b) Nidlh 200 ~eeE
(c) DepEh 300 ~ee~
(~) ~rea 80;000 square ~ee~
(2) ExcepEion.
~ny lo~ or parcel o~ recor~ zone~ CommuniEy Commercial
which quEli~ies as a ~o~ a~ se~ ~orEh in Ehis Co~a
which does hoe comply in all respecEs wiEh Ehe minimum
lo~ dime~sio~s specified herein m~y neverEheless be used
as permiEEed and oEherwise re~ulEEed ~ Ehe provisions
applicable ~o ~his disE~icE.
(E) MINIMUM BUI~ImGo~TI~ACIES
The following shall be the minimum building setbacks for all
buildings or structures permitted and described in this Section:
(1) Minimum Building Setbacks.
(a) Front 80 feet
(b) Side (interior~ ~0 feet
(c) Side (street) ~0 feet
(d) Rear 80 feet
- 23-
O rd 2 ] -7 '~
206'fKK
( 2 ) l!: >: c e p tio r~
a t h-: i-[' ~ ':' ' '; ' TM ' ': ' Z :~. ] ,:.. d
.u.~c;ou 5.1.~liru. r ;;rea o2 ~'~'i }:u~'~/;lngs and
......." . (50}(~) of l:he total
1 o t a r a a.
, ,~ -.,~p ~.,~ -.
TI'lO . ..... -, O.g _-,
tou~::.~ ar,~a ~1 ~e floors of all buildings and structures
included within the surrounding we, ils ~N.a!! not exceed sixty-
five per cent (6~},~) of t/he no~.~.], lo-h area.
No build'~nq' er qtruc'huxe may be erected, constructed, converted,
established, ~ltercd, or enlarged to a h~ight exceeding fifty
feet (50~).
(I)MINIMUM OPF-SgIR.EET PA~{iNG REQUiRENI~NS'
See Section 29-7.3.
(J)WALLS A}~ FLNC~.~o
In any Community Commercial District no fence, wall or structure
shall be maintained within the area at any corner street inter-
section at elevations the city Engineer determines will obstruct
visibility.
(1) Walls and fences erected on all lots in this district shall
confo~ to the fol!cwing criteria:
(a) Walls, fences, or similar structures erected in any
D~.s~r~ct shall not contain any
Community Commercial ' ~ ' ' ,
substance, such as broken glass, spikes, nails, barbs,
or similar materials designed to inflict pain or
injury {o any person or aniraal. No barbed wire or
electrically charged fence shall be erected in any
location on any lot or parcel of land in this district.
(b) All areas devoted to the storage of equipment or
supplies shall be adequately screened with landscaping
pursuant to the criteria stated in Chapter 15C of this
Code and shall further be enclosed by a fence or wall
at least six feet (6') i~ height, but not to exceed
twelve feet (12') in height. No outdoor s'torege
., of merchandise, material or e~ipment shall exceed
the height of the enclosing wa].l or fence or build-
ing whichever provides the best visual obstruction
from a public right-of-way.
(K) SPEC~L REGULATIONS
(1) All uses. except off-street parking, outdoor dining facil-
ities, signs mid the storage and 'display of nursery plants
shall be operated, entirely within enclosed buildings.
(2) No permitted use shell common, ce, sales or retail activities,
prior to 6:00 A.M. nor continue later than 12:00 midnight
of any day except as otherwise provided in this Code.
(3)Artificial "~c~l'=~c' used to illuminate the premises shall
be directed away from adjac{~nt proper=.~es.
(4) Outdoor storage of merc~.anc~se, material or equipment
shall be permitted only whe~ J. ncidenhal to a permitted
Lisa loca'hod on 'hhe stone prc:xises, a;~d provided that:
(a) The storage area shall be completely enclosod 'by
-' '" ' "' ' ' Sa
walls o31' b~.,t,c~:~.nqs or a comb:~nauion thereof. · id
walls shall not be Ic::s than s,%x ~..t-,h (6 ) in t:.eight.
(b) ~-'hcrc: f;}lal. 1 ]::.c IlO OUll(. OOI SuOFalG(I oil nt(:~rc]lalldJ_s(~,
crt'c:' ~ ..... ki~a~t '[].~ [ (::,.f a~,'' ~::;:,.::~1o:;i~;:4 v.'c~!l or bL;:[ ~c!;:'~.
- 24 -
Ord. 2!.-72
206-LL
co:,~:t',ercia'i, uses th~,.~ {:end to asryociahe ~'.s a ~reup,
WithJ.l~ any Specialized Commercial District, ne building
suruc{:ure,~ .... Jand o~. water shall ]_~ ~ used ~,c~.pt for one or more
of the following uses:
(1) Au{-emebite and truck sale and rental agencies (usable
vehicles only}.
(2) Automobile point and repair shops, including body 5nd
fender work (if entirely within an enclosed building).
(3) Automobile wash establishments.
(4) Boat sales agencies.
(5) Recreational facilities including bowling lanes, minature
golf courses, skating rinks, g~nnasiums and health centers.
(6) Hotels and motels.
(7) Banks including drive-in.
(8) Eq'eipment and tool. rental.
(9) Restaurants'and bars (including live entertainment).
(10) Tire sale, repair and recapping establishments (if entirely
within an enclosed building).
(I1) Trade and business schools.
(12) Recreation vehicle sales (new and used).
{13) Theaters and motion picture hoUses.
(].4) Professional offices including medical.
(15} Furniture stores and home furnishings.
(16) Retail drugstore.
(17) Florist.
(18) Appliance stores,, including servicing..
(19) Bicycle sales and repairs.
(20) Cafe, delicatessen.
{21} Business offices.
~(22) Office furniture and supplies.
(23) Sundries and variety stores.
(24) Automotive parts
(25) Bakery end confectionary stores.
(26) Hardware store and paint and garden supplies.
(C) CON53 ITIONAL USES.
As prescribed herein ~nd in Section 29-7.%, and after the
review of the application and plans appurtenant thereto and
hearing thereon, the Planning ~oard finds as a fact that t!~e
proposed use or uses are consistent with good zoning practice
not cen~rery to the Land {iso PI.eh, and not detrimental to the
health, safety, and general welfare of %he City, the following
may be recommended to the City Council as Conditional Uses:
(1) Service stations {incl~.~ding super-service stations).
(2) Jlc~t-~il rood hsd {_~recery store.
(3) Drive--in res~aNr~Ink (including drive-thru).
(4} Public utilitio~.
- 25 -
Ord. 21 -72
206-NN
Sp,:'.cit-~.lit~...:~d (R~'.%:~',~3:~21a] .'~i.:.';L.~-[t:h ~t:%J_c;3t. ~:,~e [::,.~:~'.?~is,~s and bu.'J.l.d ....
(1.) Min_%mum Lot DimcnsJ_ons and Area
(a) Fror~tage 50 :fleet
(b) Width 50 feet
(c) Depth lC0 feet
(d) Area 10,000 square feet
(2) Exception.
Any lot or parcel of record zoned Specialized Commercial
which qualifies as a lot as set fc:,rth in this COde and
which does not comply in all respects with the minimum
lot dimensi, ons specified herein may nevertheless be used
as permitted and otherwise regulated by the provisions
applicable to this district.
(E) MININUM BUI~ING SETBACKS
~e following shall be the minimu~n building setbacks for all
buildings or structures permitted and described in this
Section.
(1) Minimum Building Setbacks
(a) Front 15 feet
(b) Side (interior) none
(c) Side (street) 15 feet
(d) Rear 10 feet
(F) M~AXIMUM PERMITTED GROL~D FLOOR BUILDING AREA
The total ground floor building area of all.buildings and
structures shall not exceed fifty (50) per cent of the total
lot area.
(G) MAXIMUM PEP~MITTED TOTAL FLOOR AREA
The total are~x of all the floors of all buildings and structures
included within the surrounding walls shall not exceed sixty-
five (65) per cent of the total lot area.
(H) ~AXIMUM BUILDING HEIGHT
No building or structure may }De erected, constructed, converted,
established, altered, or enlarged [o a height exceeding thirty -
(30) feet unless otherwise permitted by Section 29-7.4.
(I) MINIMUM OFF-STRELT PARKING REQUiRENENT
See: Section 29-7.3.
(J) WALLS AND FENCES
In any Specialized Commercial District no fence, wall or
structure sha].l be mnJntaJ_ricd wi{i~J_n '[he area at any corner
stree{~ intersection eL elevations 'the City Engin~er determines
will obstruct visi_!}ilik, y.
- 26 -
Ord. 21-72
206-00
erected :LN ail!/ locatJ.ol on a.nv ].ct or parcel of
land in 't}~i.s d~istrict.
(b) All areas devoted to t'he s[;orage of eq~lipment or
supplies sNa].t 'be adoquateiv screened with land-
scaping pursuank t.o khe criteria stated in Chapter
15C of this Code ~nd sl~a]_l fuirther be e:~closed by
a fence: or wall at lenst six (6) feet in height, but
not eo exceed twelve (12) feet in height. No outdoor
storage of merchandise, material er equipment shall
exceed 'the height of the enc!esing wall or fence or
building whichever provides the best visual obstruction
from a public right-of-way.
SPECIAL REGnanT IONS
(1) All uses except off-street parking, outdoor dining facili-
ties, signs and the storage and display of nursery plants
shall be operated entirely within enclosed buildings.
(2) No permitted use shall co~ence, snles or retail activities,
prior to 6:00'A.N[. nor continue ].ater than i2:00 midnight
of any day except as otherwise' provided in this Code.
(3) Artificial lighting used to illuminate the premises shall
be directed away from adjacent properties.
(4) Outdoor storage of merchandise, me,ariel or equipment shell
be permitted only when incidental to a permitted use located
on the same premises, and provided that:
(a) The storage area shall be completely enclosed by walls
or buildings or a co~in~tion %he~eof. Said walls
shall not be less then six (6) feet in height.
(b) There shall be no outdoor storage of merchandise,
materials, equipment or other goods to a height greater
than that of any enclosing wall or building.
Sec. 29-7. LIMi[T!~D COPdP,~XRCIA~ DISTRICt? (C-'].~ .
(A) USES PERI[!TTED.
Within any C--1 Limited Com, nercial District ne building skructure
or land shall be used and no building shall be ereched, struc-
tnra]~li' ~ltered or enlarged, unless otNerv~iz~e permitted by these
regu]ations, except for ene er more of khe fallowing uses:
(]) Anl~, uae pormit:te~ in Pi',1-]5; proved, ed t~ov}c, ver, 'that.
or st. rtlcLure 'coRtaining throe or }t~(.)ro uni t:s ~ior hcr;,r;orarv
permar~cnh il![!i'~[lll i~.c~b:i.[_z~tio}~ s]~ail },eal. lowc:,d onl. y
- 27 -
Ord. 21t.-72
206-PP
S ~-*?iV J.CO.
(b) Ar1:, antique ccc 9i~b shop.
ere sold a.%
Na~N{, rL~r'~ve-'.n~ ...... ~ and othor financial institutions.
(e) Book, ne':;,s, stationery, phc,'hogxaphic supply store.
(f) Bicvcio ..... ].~,s and re~:~ai_r
{g) Barbershop, koautv she}2, chiropodist, masseur.
(h) c~fc, .......... , .........
(i) Wearing apparel, furnisNings for men, women snd
children, includingsnout's, fur-,riers, modiste,
millinery.
(j) Drug, confectionery, ice cream, sundries and variety
stores.
(k) Florist shop.
(1) Furniture, home furnishings, interior decorator
including office furniture, supplies and equipment.
(m) Fruit store, delicatessen and caterer.
(n) Hardware, sporting goods and luggage store.
(o) Jewelry s~.Dre
(p) Laundry and dry cleaning pick-up stations.
(q) Music store.
(r) Office, real estate, brokerage and professional.
(s) Photographic studio.
(t) Shoe repair shop.
(u) AutOmotive parts, .retail ~nly.
(v) Cocktail lounges, bars, and package stores (subject
to Chapter 4).
(w) Laundromats.
(3) · Parking lot or storage garage ~or parking purposes.
(4) Medical offices and services.
(5) Printing and publishing.
(B) CONDITIONS OF OPERATION
(1) Ail businesses and servicing shall be conducted wholly
within a completely.enclosed building, except for off-
street loading, automobile parking
(2) Any building used primarily for any of the above enumerated
purposes may have not more than t~:.,e~ty-[ive (25) per cent
of the floor area devoted to storage purposes incidental
to the primary use.
(C) BUII,D!NG ~IGHT LIMIT
Except by condihiona! ,~e, no con~ne~_~.a! building or structure
shall exceed forty (40) feeh in height.
(D) BUI]-,DiLNC SI'PE AREA REQU]'RE1)
, - .... ~ - ''~-,[- and mu].tJ.p].c family
- 28 --
Ord. 21-72
206-QQ
.~_:-:..v.cnh:-; pro',;'-; .... :u :to£ J.n the permitted
Sca S(.:c Lief:
(c) ct, ..... T'
Same as for condJ, tion~l uses permi%ted in RM-!0, RM-.15, NM--20,
wn~c}, uses may be alls. wue ..... ~ject to compliance, with
Sect. ion 29-7.4 (ccnd:Ltional use approval) with the following
edd i tiol~ s:
(1) Dow!ins alle,2s, poe! and billierd halls, skating rinks,
outdoor mi_nature golf courses and similar establishments.
Pu~ l_c utilities.
(3)Churches.
(4)Public and private schools.
(5)Hotel. s aha hotels
(6) ~ ' -' ...... ' ' .
oerv~c= ~.a=~ons without major repairs
(7) Retail food and grocery stores.
(8) Communications-and utility establishcments.
(9) Social, fraternal and recreational clubs and lodges.
Sec. 29-7.1 LIGHT Ih~USTRI,~J~ DISTRICT (LI)
(A) P%~POSE
~e Light Industrial District is intended to provide an area
for research laboratories and supporting offices, the manu-
facturing of electronic components, and wholesale sales offices
at least of a sub-regional natu. re~
~e distrJ, ct is not intended to accom~modate heavier industrial
operations %¢nich may con%ain .objectionable or blighting influences
or to accommodate con2,ercial or residen=-'
=~al development which
would restrict the principal '
~ ~ !no. uo~.rlal operations.
'~e property development and other regula~ns are intended to
provide an ideal environmant for iigh'L industrial developments
and to effect a hiqh degree of cornpat:ibi15%v of tn_.se special
uses %¢hich cannot be interspe
. zsue throughout the communJ, ty.
land or vCu=cr ~d%a].l be used c, xc.apt for one or more of the
following uses:
.,s. oraL:O'r:ic, s and i:.dcJ, l..[hJc~ Jlor ur'oc:,lct dc. vclcp~-n[: and
(2) Pl:tut:s or p,-~z'U:;.o~)c
0
206mRR
fa c J. i ~ 'Lie s,
!nQusur'ial" ' ' District unless -the prt..hl.~- --~-,' ~c,:~s and buildings, shall
comply with 't'ite foJ. ll.owi:~g regulations:
(1) Minimum Lot Dimensions
(a) Pront ::~ge 200 fi. et
(b} Width 200 feet
(c) Depth 300 feet
(d) Area 80,000 square feet
(2) Exceptions:
(a) On curving streets and -~ .... ~ ~
cul c~. o~.co, the required
frontages of lots may be reduced by forty per cent
(40~) provided, that the centerline radius of the
adjacent public street is one-hundred feet (100')
or less.
(b) ~y lot or parcel of record zoned Light Industrial
which qualifies as a lot as set forth in this Code
and which docs not comply in all respects with the
minimum lot dimensions specified herein may never-
theless:be used as permitted ~nd otherwise regulated
by the provisions applicable to this district.
(D) MINI~M BUI~lNG SETBACKS
~ne following shall be the minimum building setbacks for all
buildings or structures permitted and described in this section:
(1) Front 50 feet
(2) Side {interior) 30 feet
(3) Side (street) 30 feet
(4) Rear 10 feet
(E) k~XIMUM PE~'4ITTP~ GRO~ FLOOR BUI~ING A~A
~e total ground floor building area of all buildings and
structures shall not exceed fifty per cent (50~) of the total
lot area.
., (F) ~14UM PERMITTED BUI~ING ~iGHT
No building or structure may be constructed to a height exceed-
ing thirty-five feet (35').
(G) ON-SITE PARKING AND LO}~i. NG ~GU~/TIONS
See Section 29-7.3.
(H) WALLS A['~ FENCES
In any Light Industrial District no fence, wall or structure
Shall be maintained within the area at ~ny corner street inter-
sectJ.on at elevations the City Engineer determines will obstruct
visibility.
(1) Wails and fences erected on all lots in this district shall
conform ~:o-the fotlewing criteria:
(a) Walls, ]:cnces, or simil[~r structures erected in any
otI.~c=, oha.L1 not contain any
substance, such as broken gl ..... , spikes, nails, barbs,
or similar materials designed to inflict pain or
injury to any p{~rson or animal. No barbed wire or
location on any lot or parcel, of .land in tl)~.s district.
- 30 -
O~_~d. 21-72
206-SS
r~])tL.}.] e::cccd k}~c. he-kC/h-:: o,! the onc).osi~g wol!
Sec,. 29-7 ~ ~%AVI~ ].kDi~S~!R!Nt, DISTRICT (PI}.
. . ]~z~t. rict is iht. ended to provide the
area for industrial or manufac~ur'~
..... ~g plants the operations
of which are no% productive of odors, dust, smoke, fumes,
noise or vibration.
(B) USES PERMITTED
Within any Heavy Industrial District no building, structure
or land shall be used and no building shall be erected,
altered or enlarged, unless otherwise permitted by these
regulations except for one or more of the .following uses:
(1) Concrete block manufacture and cement products.
(2) Contractors storage and equi?ment yard or building.
(3) Pertilizer sales, except compost heaps.
(4) Ice manufacturing plant.
(5) Laundry,. dyeing an~ dry cleanin~ establishments, not
retail.
(6) Lumber, building supplies, millwork sales and storage.
(7) Storage warehouse.
-(8) Trade shops including those of tinsmith, cabinetmaker,
sheet metal, roofing repair.
(9) Truck terminals and storage facilities.
(10) Any industrial or manufac.turing plant the operations
of which are not productive of o0. ors, duse, smoke,
fumes, noise or vibration.
(11) Veterinary clinics and kennels, no on site disposal, of
carcasses.
(C) USES NOT PERMITTED
(1) Cement, lime or plaster of paris manufacture.
(2) Acid manufactuPe.
(3) Disti!lm. tion of ~jo~'~m~.~
(4) Fat, tallow or lard rendering.
(5) Fertilizer mnnufecture.
(6) Glue, size or gelatine manufacture~
(7) tlair factory.
(8) Potash manufacture.
(9) Reduction of g~rbage, offnl, deed animals, or refuse.
(10} . Tannery.
(ll) Sl~tughterhonse or stockyard.
A].] struct:urc~s c, rcFc::+c</c.t J.n tlic }{.:'::tvv '~iiiduskrJ_a! ])istrJct
shall o]5:~urvo a min:ilq'.~m fronq ~;, hbach (.~: L:e]l (10) foot,
and a rear .,c: ...... t,.:, oJ~ l' (, ...... t.
- 3] -
Ord. 2i.-7::
206-TT
See Suct:ic:~
in any ][eavy industrJ~! District no {<~zoe, wa].]_ or structure
shall be maintained ,:~ithin tile a]:'e~ at any corner street
intersoction a't el_eva'riot, s the City .F::gincer determines will
obstruct visibility.
(1) Walls and fences erectcd on all lots in this district
shall con
,:o~_.m to the following cri'teria:
(a) Walls,i~._r.c', o~=~. or similar structures erected in
any Heavy Industrial District, shall not contain
any substance, such as broken glass, spikes,
nails, barbs, or similar m~teria!s designed to
inflict pnin or injury to any person or animal.
No barbed wire or electrically charged fence
shall be erected in any location on any lot or
parcel of land in this district.
{b) All areas devoted to the storage of equipment or
supplies shall be adequately screened with land-
scaping pursuant to the criteria stated in
Chapter 15C of this Code and shall further be
enclosed by a fence or wall at least six (6) feet
in heiklht, but not to exceed twelve (12) feet in
height. No outdoor storage of merchandise,
material or equipment shall exceed the height of
the enclosing wall or fence or building whichever
provides the best visual obstruction from a
public right-of-way.
Sec. 29-7.3. OPF-STREET PARKING ~ID LO~IDING RNGUI,ATIONS.
(A) GENEP~L P~KING REGULATIONS
(1) Parking Spaces and Driveways. Driveways shall be
considered as constituting off-street parking spaces for
Dlo uricts,
single-family dwellings in Residential '~
provided that sufficient spaces ere available on such
driveways to meet the requirements of this Section.
(2) Landscaping. Ail off-street parking areas for all uses
except single-family residential shall be landscaped as
outlined in the Landscape Ordinance. The Building
Official will determine fram the }plans submitted
whether the rec~mrem~r.u~ of the La:~dsc. ape Ordinance
have been met.
(3) Drainage and Maintenance. The proposed grading and
drainnge for tl:e off-street parking facilities shall be
}: ~ inc, e~- All'
'' ~"~:'~J. ca' of t]~e Ci?:i~ j
approvcci ])y -cl-~o .~ ....
_, ~ .... ' n'-' (6)
parkinq arc;-,s :~ .:~]_]. be r~avcd wit!t a minimum
incl~ sl~cltr'ock or !J.~G~:ock base a~:d a o~o (1) inch
- 32 -
Ord. 2].-72
206-UU
Sc.c:L-4o','~ (,::) (5) (a) u;~.u~::ss a sL~:.''i w:Ldt, h oF Le2~ (.!0
._':c.'~...~ t o~: '.:,,qLd ~,r J '-: ' .... All p .~)o
.~ pa.,.n .... :c. ......... nos, .~.._,. to
iniJ. vi~ua], spt~c~:.~. S'Landiard kr:~l~f~c control s.[g:~s and
other pavoi{,rn-h n:ar]':ri, ncTs as u-hi]
n .......... ~./ ho insure safe
a~d efficient '-'~u._,~..~.=ic operation o'2' t'he lots. Such
signing a~d mari~ing sh:~!l be subject %o the approval
of %he Planning Direc-hor.
(5) Parking Access a.,~r~ Drivev'ays. };ach ~ar~,ing stall shall
have aDDroDr~ete~. ._ _ .. access to a street or alley and maneu-
vering ~nd access aisle areas shall be sufficient to
parfait v{~hi, cl.e to enter and leave the parking area in a
forward motion, with tile exception of single-family.
Driveways shall be paved and meet the requirements of
the ordinances unless very high volumes or other special
circumstances warrant variation by the Planning Director.
(a) Driveway Dimension Guidelines.
See Landscape Ordinance.
(6) Site Plan Requirements. At the time of the application
for e buildihg permit for any use for which parking
spaces are required to be constructed, a site plan for
such perking facilities shall be submitted to the
Building Department.
The site plan shall, include .the following:
(a) Landscaping and screening as outlined in the
Landscape Ordinance.
(b) Effective channelization and division of parking
areas within the interior of the parking lot for
pedestrian and vehicular traffic ma!/ be accom-
plished by use of landscaped areas with trees,
walls, fences, other natural growth or artificial
features, raised curbs, marked directional lanes
and controls,~..~s~e-,r, .... .~ of grade or other devices to
mark points ef turn, to separate parking arcas and to
control traffic ~ ~n ~-.
move.aen~ Traffic channelization and
other ~ -
~raf~_i.c con. trels including signJ_ng and pave-
ment marking wi]_l be approved by. t]~e Planning
Director. Tl%e -a~ '
~_uanning Director w:~ i. 1 approve ~ith
regard to inqress and egrcss te p~(blic reads and
to safe movement ef traffic en the parking lot.
Each parking site or lot shall be designcd
i. ndividualli~ ...~th refer~ncp to Lbo
improQc,.menc:~' in thc, qcner~l_. . neigh};~c~hood, num;.,e., ' -
Of 02i31S (lO bO 2~C(2Oh'~[&Od~l'~ CCI, ~].OLIrS ~ iltnd ):inds oJ.: u:-~e.
(d) , c~,. , ~r-: r'.:: '~'"~ ','~ ~;~;ll'f~ i,:. ..u'e i:~o~ ':,'c; "
- 33 -
0 r d 2 I -- 7 2.
206-VV
%.~.',. i'''~ ~.: ~ ,: ,l':' ; ,']: ~.~1 c:' A ~i~.:: (;;,.::~ ~ '-,.',1 ::',. ti . 1' ' ~'~:~ 1~.~ !"
",,'~ ~Z': ~<':, ~[ { ,:':!~;::~;', ~{~? :-'~ i ~1 :;;. ':~ :-:rJ::'~ C.':U: i:::k.:},',~]
..... z ....... o 2 ........ 'c:::,c{:i.~:g }}u'blic re, ads, and
f'o~ np::.:fo'..~.~!... ,)'~ r:~ e ef:~i'cc-tivc ...:'r'*'on",~]"~q..~ ..... ,. .... ,:. of the cars
loc~ti:ed in or on tN -"-' .
~ ~)~:cx~.t.~zg :~:--rz)cL~"rcs from adjoining
propcr"'~.J.e s hno.-' from ~k~k: ].ic ~.' ...... u, ...~-' ,~" ,.
,~,~..)~, the loc~tion and
(e) Ih:..r.;~ee,:.n'i ~,u..... subm:Lt'hed shall
: ....... ~. 0 .... C]}~Ur~'.nc~::S and e}:ih2 'ho p~.lb~J.e ro~s~
Zoa~:~.-aiex:~,~.",""~:~ s-12 of :~1 .... l)u'[ldin{}s and struc'~.ures~
locaL:ion arid d-~.~ ....... .~ .... -;-;r..~.~.,].:~ o~ l?a:c]::[.r~g splices ~:~l]d aisles,
directi, on[.~t markings, traffic control devices aha
signs~ walls, fences, ]_andscane~ areas, banks, harms,
chart{re of c-- '~,-,
., .~].~.~..s and plantJ..ng materials, including
the {:ype and names of the ma~.erials proposed ~o be
- plantear and s'he!l contain such other info~ation in
the zorm r~qu] .... e by the Deparkmen%.. ~e site plan
shall be~.~'~s~..~m with careful regard to the location
of the parking facilities with relation to adjoining
and neigNbor'hood commercial, indus%rial, multi-fami!y~
and other residential improve~'0ents, and shell be
devised~ eo have the least advc~rse effect on such
joining or neighboring properties. Landscaping shall
be as required by ehe Landscape Ordinance.
(7) Minimum Parking Bay Dimensions by Parking Angle
Perking
A' B C Angle A' B' C'
....... 21~ "30~' 30' 0 33' 42' 42'
27~ 43' 34' 20 39' 58' 50'
30' 48' 39' 30 41' 61' 53'
32' 52' 44' 40 43' 63' 55'
34' 54' 47' 45 45' 66' 59' ~
34' 54' 48' 50 45' 66' 60'
40' 61' 56' 60 50' 73' 68'
40' 61' 57' 70 50' 73' 69'
45' 65' 64~ 80 4,5' 65~ 65'
45' 65' 65' 90 45' 65' 65'
- 34 -
Ord.,.'~1-71:
206-WW
(a)' Parki'.,':,~ ~:;~,-,7 !II'.:,:, .... ,. r:'.
NOTES: 1 Ail examples show 45 de?,ree an~le
2. Wheol stops or curbs requized when parkinS space face
property
" 3. A minimum backup distance of twenty (20) feet is required
between thc proparty line and tl~e first stall as shown in
exa::n]e one (!) above
P~-~RKI~G REoUL~'.TIO~, S
Ail uses permitted under this zoning shall be subject to
the following minimum requirements:
USE OR SPACES REQU~:,mD PER
USE C2, TEGORY BASIC .~hE-:'tSUN.!NG UNIT
(1) Residential
Single Family 2.0 per dwelling unit
Mul t-i-Family
Efficiency 1.50 per dwelling unit
One bedroom unit 1.70 per dwo]l, in9 unJ.'t:
Two or more bedroom units 2,00 [)er dwelling unit:
- 35-
Ord. 2]--72
206'XX
DaF· nurserl~ kJ_nder:}'artan, One space per employee
pre-school & ~{~k'~' ,-a-e or assistant
cch'he r
Hospital !.2 per bed
Museum, art gallery & 5.0 per I000 sq. ft. gross_
similar uses floor area
Nursing home, convalescent One (].) space per four (4)
home, rest home, home for patient beds or residents,
the aged plus one (1) space per two
(2) employees including
nurses, on the shift of
greatest employment, plus
one (1) space for each
staff doctor
Police & fire station One '(1) space per person
on duty on a normal shift
Post office 4.0 per 1000 sq. ft. gross
floor area
Private clubs, swim & One (1) space for each five'
country clubs (5) members
Social, fraternal, social One (1) space per sixty (60)
service, union and civic sq. ft. of assembly area,
organization building plus one (1) space per
each employee
· ' Public library 5.0 per 1000 sq. ft. gross
floor area
Schools; elementary & 1.0 per classroom
junior high
Schools: Five (5) spaces per room
Trade and vocational used for administrative
school offices, plus one (1)
space per room used for
class instruction, plus
one (1) space for each
five (5) seats in aud-
itorium and o,~her places
of assembly or fucitiky
avail, able to the ~ublic
Schools:. Senior high 0.2 pc, r student, plus t.0
}par staff and employee
College ~'~nd university 0~5 per :;huden~h, 1, 0 per
-- 36 --
Ord. 21-72
206-Y¥
~ic:~~ r-~, Si:",.!". :'T' .~'~':r'D ," 'r~
.[~C..L~Or! ...... ~, t'heaters, 0 J per seat
centers~ and o'/:hcr places
of puhlic
Auhomobile service station, 4.0 per 1000 sq. ft. gross
paint and body shops or floor area
public garage
Bowling alley Five (5) spaces for each alley
General retail, business, 5.0 per 1000 sq. ft. gross
offices, governmental and floor area
professional offices, ~nd
personal services
Savings institutions and banks 5.0 per 1000 sq.. ft. gross
., floor area
Restaurants, drive-in 30.0 per 1000 sq. ft. floor
area with a minimum of
25 spaces
Restauren%s, diners and 12.0 per 1000 sq. ft. gross
night clubs, lounges & floor area
bars
" Mortuaries or funeral, homes 4.0 per 1000 sq. ft. gross
floor
Hotels, motels, bcatels, 1.0 per rentable room, plus
bOarding and rooming 0.5 employee
houses
Indoor & outdoor commercial One (I) sp~.ce for each one
recreation, excluding hundred fifty (150) sq. ft.
bowling alley of gross :floor, building,
or ground area devoted to
such use, or one (t) sp~ca
per four (4) sc:uts of
ci!it'~..es available for
patron use, w]~ichaver is
applicahie to the
Medical, dental a 5.0 per 1000 Sq. ft. gro~;s
20~6-Z Z
....... 91 (~;,.' ~) ~ F:~ ..
~_~. and trailer
ecLuiN:men t and
mmchincr-v ,snlos and
C OR,,I~ Clio ]. llLI r s (2r 2_os
Swin~aing pool, conmtercial One (1) space for every thirty
(30) sq. f%. of water area
'(4) Industrial
Industrial, manufacturing 1.0 per employee
Automobile wrecking, One (I) space for each two (2)
junk, or salvage yard employees, plus one (1) space
which ~ ~ '*
o~s for sale for each ten thousand (10,000)
to the public any new sq. ft. of lot area, or plus
or used merchandise two (2) spaces for each one
thousand (1,000) sq. ft. of
floor area, whichever is the
. greater
Wholesale 6 0 per 1000 sq. ft. of gross
establishments and floor area
business services,
cold storage and frozen
food lockers,
laundromat and other
self service activities
.. {C) REGU~TIONS FOR THE PARKING, STORING, OR ~EPING OF COmmeRCIAL
VEHICLES, BUSES, T~iL. ERS
The following regulations shall apply %o all residential
districts:
(1) Definitions
(a) For the purpose of this Code, tile terms "bus," "pole
trailer," "semi-trailer,
"truck" and "truck tractor" shall be defined as set
forth in the nppropriate, duly enacted statutes of
the St. ate of Florida providing for the regulation,
registration, ].icensing, anfl recordation ef ownership
of motor vehicles in khe S'L:~tc of P]_erida.
(b) In the case
of a speci, fic vehicle under Lite foregoing terms the
determination b:~ thc Motor ?ehicie Commission of tho
State ef P .... '
de ...... :"~ ~c", arid. ]:,~,~ Fi ' io:~ on hhe motor vdiicle
cei:'tificaue of t4t.]c,__~''. ...... sr~all be ~:,~:;~,:,~ :f~%:cd_c eVidcacc of.
(c) Thru. t. ur-' '" "-:[: t. ra4 ]~r" sh:lll mc~in a tr~iJ ]c:c r;s d.,",-
~:'~;;~' ~t "t ~ ~" :: ' ;
ac' [:.}.vi {: J (,s.
206-AAA
]2:: L:~ t'~ ~,"::'~' :_~ 0'" ~.:~ ' '~ ~':::~.: ',v: ._~ ] [,. : ~ ~ ~ I~'...
J.N:::~ q::;.~'C!,:i'::, .i~ ..,' :! , t - ,. , _, , ..........
use ~,,,,~zc~l ]-,:i-T::~ beer~ eg. LlJ_pped 2tTh cam.ping
and relocnted ' ' '~:.
(f) The term "rcs-i0.anl-ial districhs" for [he purpose of
thzs' Code .,:.'bn]l ............ meRrt all ~-17':, P-,'I'"Ar R-1AAB, R--3.~,~,''~ ....
"' ' - I,~.~-.L_ a.nd RH-.20 d:kstricts as
R-'iAAA}S, Rm".Lt), -~"~ ' ~ ,
' _.el~tlo~l to a
(g) The %erin "owner" wr:en used herein in r~ -~ -'
motor vehicle shall mean the individual or ~'irm to
which The vehicle is
~D .... on thc motor vehicle
certificaee of ti%lc and shall include if under lease,
ren~a. 1 ~.e .... nt, or on loan under any type of
arrangement, gratuitou, s or otherwise, the individual
or firm hmving possession or control of [he vehicle.
(h) The term "owner" when used herein in relation to
private property in a residential district shall
mean the recorded owner of the property based upon the
records of Pa]m~ Beach County, Florida, and shall in-
clude, if under lease, rental, ~greement for deed or
similar land contract, the person or persons actually
in possession and control of the premises.
(2) Motor Vehicles Prohibited or Restricted in Residential
Distric[s:
(a) It shall be unlawfu/ for any o%~er, agent, operator,
or person in charge of any bus, Dole trailer, semi-
trai.!e~, trailer, trailer coach (house trailer),
truck .... an~/or truck zr~:~,_' -~e-_o~:-, as _Dreviously defined
in this Code, to ~=~k, store, or keeD such motor
vehicle on any public street, avenue, alley, or
other thoroughfare or any ri~hq-of-way therewith within
any residential district in the City of Deiray Beach
for a period exceeding one (I) hour in a~r ~wentv-
four (24) hour period, each such periodc~,..~,
at the time of firs~ stopping or parking unless a
permit is first obtained from tt~e Police Department.
(b). It sn~!i be un].awzul for the owner of property in any
residential district in the City of Delray Beach to
park on, cause to be parked on, or allow to be parked
on his, its, or their residential property or in.
streets, al!eve, or parkways., a~uammng' ' ~-~].~mr~' properby,
any ~._~s, se. mi-.-[: ~-;, { 'i mr frei lc, r trm'[ !-~r
conch (]~ousa v:./a.ulqr) R.[A~Sji, an,:../%xc truck t.r~cvor
for a p~iocl ......... ,"-'-~','q ~ in O. ven
-~ , ........... ~ ...... one (.~) iu~ur any
four (24) Nour..u~'~-.rt....~_.~,, each such ~e'-',. z:_ca'cc,, ...... ,-~ac..n~ a
at the tim~ o~ ~_,_;-~-'-'~ slopping' or pa~king unless a
parm:Lt is first: obt-.ained ~ro:u ,:,~e Police
and as may i'e ocRc:rw]_~. .... ~)rcvidcd in this C.o~.m'
( ..... e: ' I"-~' ic]_o.,o' 7 l:hu:}rc'-'nc'/., r:'e[l}airs:
(3) Delivery and ._.onsc~uc,_~o~ ., ,.
]:)C::, r'a[~a i't~ts -:', :' !': i ~uU':::i !'.' t C]l",.' ,::' i_)_:] .~ ,.','
Or'd. 2.1.-72
206-BBB
(b ..~ ..... ~' C: ....... · ....
(c) '~-'~..~e _res' Lz':[c'a/o~. ~-: off o,'"- c ~ ...... ~ cn~' (c.: ) ~,..:)" :'~-~, '[ 1' no'L
tO e Si. ' .... :'- ' ~,.,~'.-.~ .............. '...: .....
a.nd, ~t~ a rcsu!% of suc'b emer, jq~nc~,~, is ~:e(lui. rcd to
be parked w:L-L:h~n a resJ_.dantzz;i c~.o~._.iet for longer
than on'a (I) '-o ,,.,.. u,~-. ..... However, shy .::uch vehicle shall
be remox cd *:-'- t'h,~ :kal - '
........ u .... re siden't {ii_s-trier within
~:e) hours by wrc:c~.{er %owin.9~ if necessar,:~,
un,:~ na~.ure of {:Ne emergency
(4) Permitted Parking:
(a) A panel, pick-up, van, or similar type of truck of
not ov~}:r three-quarter (3/4) ton raLed capacity may
be parked on a plot in a residential district.
However, such vehicle must be used by a resident of
the premises and no more than one (i) such truck to
each plot.
(b) Boats, trailers as described in Section (C) (1) (c),
or Recreationel Mobile Units (see definitions) may
be parked on a plot in a residential district subject
%o the restrictions and conditions set forth below.
(aa) 'Or}e boat; or one traiicr designed to car~
boat, with or without boat thereon; or one
RecreaCional Mobile Uni'h.
(bb) One boat or one of the vehicles described in
Section (C) (4) {b) (a~} may be parked in a
garage or carport which is effectively screen-
ed on three sides; provided, however, that no
portion of the boat, mo%or or vehicle shall
extend beyond the roof line. Subject to the
foregoing requirements, a boat, trailer, or
Recreational ?.eo_~.e Unit may be parked only
if it is curren'hlv-re~ishered as required by
State or Federal law and if the transportation
of the vehicle would be in compliance with
" ~.apter 317, Florida Statutes.
(cc) Such boat or such vehicle must be o~]ed by
and used by a resident of %he premises.
(dd) No boat or vehicle described in Section (C)
(4) (b) (aa) mawr be parked in the area between
the street and the structure.
(be) One boat or one vehicle described in Section
(C) (~) (b) {aa) mai~ he parked on a plot,.
occupied by a permitt{:d structure, in the side
yard or rear yard ~r ~ ''
. ~ ?.._ov~c~l.n~ that it is effective
ly screened z, ca~nst direct view from abutting
.. ' v,.a~.]., ornamental fences,
proDert2es by a masonry '~ ~
or dense t2eci~e planting six (6) feet high.
Thi~.~c°~-~"~.~o~ is no~ to be construed as reouir-
lngsc~'~;en~r.' ,e'., from direct view from the s~rc:et
in front oil D] .
Lz:a ._ o2
SecLion (C) (4) (b) (~,a.) ma,/ h'e pu. rZ.;ec[ in
m,:;.'~. '~... {,~,(,.~,~,:r.{. .... i ()-c tl':{::[ iO.l:: l~'.j~n-j,.. . . .
--- 40 -
Ord.
206-CCC
13.:~.-, OR };'£-:00!i~.:,2'-."'?'~-. 71~ 0~.~ _~ SPliCES
Commercia] ..... a.l ...... t...~t ? 000-15 O00 sq.
....... x.-',~, -' ,,, , . one (t) berth
and automo[ive service 15,000-40,000 sq. fi'~. ewo (2)
Each additional 100,000 one (1) additional
sq. ft. or nlajor fraction berth
thereof
Funeral home or 2,500-4,000 sq. ft one (1) berth
mortuary 4,000-$,000 sq. ft. two (2) berths
Each additional one (1) additional
10,000 sq. ft. in berth
excess of 6,000 sq. ft.
Office building, midrise 5,000-20,000 sq; ~.~.~--~ one (1) berth
or highrise apartment
building, hotel, 'hospi-~ 20,000-100,000 sq. ft. one (1) berth
tal or similar institu-
tion, place of public Each additional one (1) additional
asse~ly 100,000 sq. ft. or berth
major fraction thereof
Retail stores (includ- 2,000-10,000 sq..ft, one (1) berth
ing department stores,
restaurants, 9'eneral 10,000-20,000 sq. ft. two (2) berths
service), ~fno!esale and
jobbing establishments Each additional one (1) additional
20,000 sq. ft. or berth
major fraction thez-eof
Each additional one (1) additional
50,000 sq. ft. in excess berth
of 60,000 sq.
Ma. nufaccurzng or indus- 2 000-8,000 sq. ft. One (1) berth
trial establishment
8,000-25,000 sq. ft. two (2) berths
25,000-40,000 sq. ft. three (3) berths
addl
Each additional 80,000 one (1) '=" ' '
sq. ft. berth
(b) For cotumercJn!, In:':~
(50, ~' . .... . ..............
'. ......... ' ~ ..... t ~ i~.'~, ~ ~ ' '
- :11
Or'd. 2]~-72
,.2061000
of [he use :is suc]l as 'to mahc~ unnecessary the full
provisJ.c>n of ]oe,-~ing :{az~ili'r':L,~s or where such pxovJ.-
sion would :"2' .... ~ .....
~.?. ~ an unto, ...... l.,.c hardship upon the
' .. ]_arming
use o~ the lot upon --' ...... ~', .~" t ' f-the t) '
(f) Hixed uses in 0n&~ Euliein [.
used for more than one use or for different uses, and
where the fi. eot area used for each use for which load-
ing space is requ'- ,~
i~.eo~ is below t!~e minimum for requir-
ed loading spaces bui: .the
~,:..j~ccu~:~e fl. oOr area used
is greater than such minimum, then off-street loading
space shall be provided as if the entire building
were used for that use in the building for which the
most spaces are required, in such cases, the Departmenh
may make reasonable requirements for the location of
required '' a _ .
(g) Design stauda, rds
(aa) Minimum Size. For' the purpose of these regu-
lations a loading space is a space', within the
~{~in building or on '::'he same 10t, providing
for the standing, loading, or unloading of
trucks, having minimum dimensions of loading
b~ys or es seen in {D} (1) (g) (aa) (aaa)
{aaa} Minimum dimensions
5~pe Vertical Maneuvering
., Vehicle Width Lenqtb Clearance Apron
Tractor
Trailer 14' 60' 15' 60'
Single
Units 12' 30' 12' 30' _
Dralnac'e and Hain
(bb) " ~en ...... ,:.. The proposed
grading z~.:mt drain-ac~ L,~r the off-street park-
lng facilihios shall 20 approved bv tl':.e office
of theCica'"-.' Lnj~.,.~.{'~' ,~'"~ ,~ .... A!l nar~:Ing' ' areas
shall bo paved with a r~.inimum of six (6) inc]~
....~'-e.~ll.._~¥'~c~ '~ or iimeroc]: l}a~;e, and a one (~, J.nch
.... ?: 2 -
Ord. 21-7 2
206-EEE
C~ ..... ................. -'-;-.'~ ...... {}~.,.~:~'nlh.:f aonl. ioation; procedure; standards
findings ~c~n'~, ~reS~
are specific:ally n'3'L:i~.c:TJ.~::ec~ ~ l:r:e .:'_,~ of %he zo;~ing ordinance;
uses wi%:h such c<3n{ll-.Zions aR~ s~tI=.l.t~.z~, ~ppropr3.~e
' o_e. ln~n.c=; or to deny conditional uses
under the zoning '~'-'' ~', ~ _
not in harmony wi-hh ehe purpes.a, intent, en~ requiremen'ts of
the zoning ordinance and *"~ '~' '
_ ~:~].~ section. No cor]ditional use
shall be granted until the application has been referred to the
Planning Bourd for hearing ~nd recomma~dation.
(B) Any person, fi~ or corporation o%.~ing property within the
City of Delray Beach, Florida, desiring to obtain a conditional
use as prescribed and limited under the zoning ordinance of
the City or .... n~ndm_nt.~ thereto shall proceed in the following
manner, to-wit:
(1) Such person, firm or corporation ~.n~_l file an application
for a conditional use with the Pia. nning Director. Said
application shall be on a fo~m] substantially in accordance
with the form prescribed by said Director, copies of ~hich
may be obtained from the Building Department of the City.
~e authority authorizing s~ .person other than the o~,a~er
'to sign such application must be attached to and accompany
said application. Each petition shell be accompanied by
a pal~ent of one hundred dollars ($!00.) to be placed in
the General Pund of the City.
(2) ~%e Planning Director sh~.ll then refer the applic5tion to
the Planning 'Board, and sh~ll provide for a public hearing
" of the abutting property o%.n;ers in accordance with the
fol lowing:
(a) ~e owners of the property lying for a depth of three
hundred feet {300') surrounding the property peti-
tioned, must be notified.
(b) ~'c o~,,~.ershJ, p of the abuttinc; properties shall be
determined by u;~_~ Cit}~ C!er]~ who snail notify the
o%~ers ~-,,-nei!inc~ the dnte ahd puru~ose of tile
Planning Board he~.ring a% !e[cst ten (10) days in
advance sotn:-~t ..... ~,~,.. rely be re~}resented in person or
by proxy. Notice of Lf~e e. fcresaid meeting sna!l Rlso
at least {:on (!0} days prior to the he~rJ_ng. After
upon tho aL)D] .... ',-r~
mendahfons in ....... ~- ' -
2 06-FFF
J.n CaLC: Of .z-.. or
(b)Ofz ........... p,~_,, an(~ ....... , where rec~uir-
ed, inc!udJ_nU c, ons:.dera-tion of relevant factors in
(a) pre. ceding ~.d =.'h~ economic, noJ. se, glare or odor
effects of the location of such ereas on adjacent
nec.~.LD~/ uropertJ.es an(~ pro~}er-Lules generally in
(c) Refuse and .... x'
o~alce areas inclu(Jing consideration
of relevant factors in (a) and (b) preceding;
(d) Utilities, including such considerations as hook-in
locations and availability ~ -~
,,n~ comeatibility of
utilities for the proposed use or structure;
(e) Screen'
of such relevant factors as type, dim~nsion, s and
character to preserve and improve ccn?atibility
and harmony of use and structures between the pro-
posed conditional us~ an~ the uses and structures
of adjacent and nearby properties and properties
genernlty in tbs district:
(f) Signs, if any, and proposed 9~torior lighting, if
~ny, with reference 'ho glare, traffic safety, and
economic effects of same on properties in the
d~st_lc~, m~d compatibilfty and b~rmony with other
proper~=~s in the district:
.. (g) Re~uirs~ y~rds ~nd open spaces;
(h) H~ight of structure v%~re related to uses and
structures on adjacent and llC~.r]J~~ properties and
? proper'ties ~encra!ly in the district;
(i). General ccmpn.'tibility and harmony of the use and
structures ~nder %he eroposed conditional use
with. the u~'ns ~'nd .... t~4~=h~e~ on t and nearby
properties and DrcDerties o'e~,~-raliv in the distri, ct;
(j) Economic -~-~onPs on ~,.~le. cent ~und nearby properties
and properties 9cnernily in the district of the
grant of -hhe .... ~ '-' ~,
appropria, to condiul.,,n~, c~_n ..... ml.i:v with t. he
st' ' ~-' ' -'' -
in recommending a qranh of conditionul usc, the P!en. ning board
(.... ¢,, l'l '/,:.
(A) ~qqe lawful t].s~t of a z, uildina" c,~'J~-%'~ afl the time of the
passage of 'this ~,]: ..].,~.~.c.~: shall not be afzected bv this ordi-
nunce, although such use does not coniorm to the provision of
or.~zn~nce, audi suc'h use tp, c~v be extended /hrou. o'hou~ the
buildinc~, D~-c~v-ld~d no st. ruckuzat aiter{~tions, except those re-
quired by law er.o.c._~.:~n"~'-','~ c~-, or o~'d~r ..... }::v_. an authorized ofiicer
such use sNa!l b.e ex<.:er:dod to occupy a~:y' land outside such
building. If such non-confolunin~ buil..iing is removed or the
tinuous period of not les,.s than one hun<~red and eighty (!80)
days, every future use cf such premises shall be in conformity
with the provisions of -this ordinance.
(B) ~e unlawful_ use of "land" existing at the time of the passa, e
of this ordinance (Sections 29-1 .... 29-7,10), ntthough such use
does not confomn to the nrovisions of this ordinance (Sections
29-1--29-7.10), shall not be affected by= this ordinance (S= ~c~'~zons
29-1--29--7.i0); p~ov~c.~ee, however, th%ii:', no such ncn--con~.c.~m~ng
use shall be enlarged or increased ~o~ shall any non-conforming
., use be ~- ~ ...... of land than that occu
pied by such use a't t'ne time of the passage of this ordinance
..... ~.;ucn non.-~conform~ng use !s discon-
tinuecl for a c~..]:~:o~..~ ne:clod of not !ass ::n~m olde hundred (!00)
~ays, any future use of said lahd ~' -,~'~ >,~
~ ono~.~ .... in conformity with
the provi{}ioRs Of this o:cdinunce (Sections 29-1--29-7.!0). Pro-
exc].uoea from ~n.e district ~.n %.3J~Lcn such "! .... ~" ~ located '
such [lE;C is not an. ac:c,~oqorv to the usc of a main bu{ IrT-nc[ located
(C) If no structural alzer~[-.:[cnr~ .... ~ ........ ~, a Non-conformi~:97 usc
O.,,:'d. '2 ] - / 2
2 0 6 -HHH
~.}_orl~,.:,., d.o.!'J, rinl] ho cfi'cch a c'ha~qe in t~he c!assi'='c'~'4 ' or
City of Dds!ray .Paacn, Z']()rtLc.{~, or ,~:act. nc.:men'.:.s 'thereto, (this Chapter)
Delrav Neach~ ro'~r,~-i,-~.~ [ct ~:nv r~cut]ar .... ].~n it.~_.,.oz or with
the Ci'hf Clc-rl: oi: v2te City of De!ray iR:ach, Florida, during his
office :-", ..... '.~.' ' '
~ot~r:.,, a. ?._i'qtl_orl direciied to hl~e City Council of the
wn~.rein t~e property shall be
fully and accura'hely d<:acribed; such ~ ....
. { ....... r_pha, on shall set forth.
the improvements icc~lted .on said prope~%y, and if any improve-
meats are located %]~ereon, at least one perngraph shall accom-
pany such petition, such petition shall se% for'th the classifi-
cation of the property therein described as of the date said
petition is filed and the new classification or use desired
by %he owner; such petition shall state in short and succinct
language the reason of the petitioner ['n seeking the reclassi-
fication of t'he property., or its use and shall be ~._~.~='qa~,~ by the
ova~er of the l~d or some person, duly authorized by such o~er
to sign such petition. ~e authority authorizing a person
other than ~he owner to sign such peeition must be attached to
and accompany such peeition.. Each peti%~ion shell be accompanied
by a pal~ent of one hundred dollars ($]..00.) to be placed in the
General Pund of the City, and each petition may relate to one
or more adjacent properties under the same or separate ov.~ership.
(b) If the petition provided for ao~ve sh~.ll be filed wi%h the Clerk
of gte City of De!ray Beach, Florida, togeeher with two copies
thereof, at least five days before a regular meetJ, ng of the City
Council, the City Council shall dispose of the same ~s herein
provided et the new meeting following the filing of such appli-
cation with the Citxl Clerk. !f such petition be filed less than
five days before such regular meeting, the City Council may, in
its discretion, withhold acti.on tl~ereon until the second regular
meeting thereafter,
t~enever such petition is so presented %o the City Council, the
City Council shall dispose of the s~me in the following manner:
(1) Deny such app!J, cntion by a majority vote of the members of
the City Council present at such meeting should a quorum
be pre sent, or
(2) Refer such peti{~ion to the Planning Board, which Board
shall ach in accordance with subsection (D). if z.t so
desires 'hbo Council may in such rofer{.nlce mr~]ce such rc:com-
mendakiens concerning the disposJ, hien of such ap}plicahien
Pl'anning Noa.~d to t.q-zich sd~J_d poti%J, oli shall have boon
.. ,-','- (..3_~, Council at a regu].nr
referred, J.t sl-'i.~:lk], nrc ...... t zo the
Ord. ,.1-72
206-III
--- ' ' - ...... to the
Cihv.~ ~.;'h ].ces'h '~c~:l~ (].0) ds'fl:r: prior to) .... ,._n._~ liearin:x_. A/her
su. ci~ pt;bi:kc he:.rin{~, 'the Pi~nni:~::~ }3oard shall peas upon
t%~e application }cefore_i't and m~''',..,,.,,~ ~' .... ~ recommendations in
.~ ...... ec~.lon (C). %:ne Boa. rd shall have the
9} .... Lo 3:eiuse to ta::~: action unless the pe~itJ..oner or
his dull: aut:horined agent is present at the aforesaid hear-
lng.
(E) ~ere any application for rezoning has been denied in a given
.year, one year faust elapse from the date of application before
another applica~:ion for the rezoning of said lot or lots can be
made.
:,~: r:~. :,~.!:,_ J_n~.: ~ :..~: ........ ~,: AND ............. : .
In Jn-terpret. in~ and ~,~ .... ~-- ' r,,'~ '~' ' ~ o: this ordinance (Sections
29-1--29-~.!0}, they si-:.ail be held ho be the minimum requiremanes for
the promotion of the public health, safoty, morals and general welfare
of ~he co~mm-~ity. It is no~ ~n~enc~ed by this ordinance (Sec~ions 29-?
--29-7.10) to i~terfere ,'~ _. -
V;lun or a!orogate or
venants or other agreements between partmcs; provided, nonever, that
where this ordJ..nance (Section 2~-.~--29--7 10) imposes a greater re-
striction upon the use of buildings or p~{emi~:cs, or upon ~_n~"~'~ heig-ht
required by other ordinances, rules, regu!atJ.ons or by casements,
convenants, or agreements, the provisions of this ordinance (Section
29-1--29-?.i0) shei. 1 control.
Sec 99-7 8. Ci!;:'~°~'S .~'.:,:. .
:" ...... :~"'~ kO -time, on its own mo ~ioN or on
~e City Council may _ .... ..A2 c_~.~
petition, amend, supplemenk, ckancl~, modify or repeal by ordinance
the bounderi~.~ or {4skricts__.. or r~.?:!:~kions or ~-~strJ..ctions~,~ l~crein
establisi~ed. Provided, }.,~,.,{,~c,,-,.~... ~ __ u:.~t'- -
~ ' sN.a! 1 ' '
SUC]I aCC!On }De ~'~.rrcd ~o the
.... ~..~ ~_ ~.~.%nq Board for h.nnring eno.
C}i8U3 '
29-7.6, o~ ,~_~, , :.er.
Sec...')9-7, .9.
The bui!dir~q Jrh<-;r-~ector J.s 'i~erebv desJr~na-ted and aut.horized t-o ~pfo.t-ce
-- " ' - ~'~T'-'" .... "c~ c14 ~-,i-i'r,;--~- ~:;.1-~ 4 t,x~-,,~o;ndcn% pro- '
vision and such 'holdin'.j sNa].l not ¢,':¢'-'~*'
........ ~ {:'he va]idzty of the
remaining ~ortions hereof.
PASSED in regular session on the second and final reading on
this 24th day of October , 1972.
';' ATTEST:
"'.' city Cle~ --
SEP 2 5 19'72
Second rea~£n9' October 2~, Z972
20 6 _KKK
ORD ~'~,.. NO z2-'72
~ ......: ......... ~n.. CITf uOUt'~Cr.~ ~E CITY
~ ~ .... . .......... ~ ............ i 4- 9, ~ . 0
AL~ 14-11 PERTAINING TO M~..LASSiFI~XTiON OF
PROPERTY iNTO FIRE ZONES I, II ~[~ III OF CHAPTER
14 FIRE DEPARTb'[ENT, FIRE P~VENTION AL~ FIRE
~GULATION.
~E~AS, it has been reco~ended b2 the City Administration
that the fire zoning districts of Delray Beach be updated and,
in conjunction with the new zoning.
~ER~S, the City Council deems it to be in the best interests
of the city to update the fire zoning districts to confo~ with the
new zoni~.
NOW, ~E~FO~, be it ordained by the City Council of the City
of Delray Beach, as follows:
Section 1. ~at Sec. 14-9, Fire Zones Created-Zone I of
~ter 14, Fire Department, Fire Prevention and Fire Regulation be
~ended to read as follows:
"Sec. 14-9. Fire Zones Created - Zone I.
Fire Zone I of the City shall include
all property in the City zoned C-l,
LI, HI, SC & CC."
Section 2. ~at Sec. 14-10, Fire Zones Created-Zone II of
~apter 14, Fire Department, Fire Prevention and Fire Regulation
be ~ended to read as follows:
"Sec. 14-10. Fire Zones Created - Zone II.
Fire Zone II of. the City shall include
all property in the City zoned ~-10, ~-15,
~-20, ~-25 and NC."
Section 3. ~at Sec. 14-11 Fire Zones Created-Zone III of
· , ~apter 14, Fire Department, Fire Prevention and Fire Regulation
be amended to read as follows:
"Sec. 14-11. Fire Zones Crea~ed - Zone III.
Fire Zone III of the City shall include all
property in the ~ty not located in Fire Zone I
or Fire Zone II."
Section 4. ~at any property hereinafter rezoned or annexed
shall be included in the above fire zones according to the zoning
established for the property involved.
Section 5. ~at all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
PASSED AL~ ~OP~ in regular session on this second and
final reading on this the 24th day of ~ctober , 1972.
ATTEST: // bi A Y~'O ~
.-, 206-LLL /
STATE 0t" FLORIDA
DEPAR~,'.m,L,i OF NATURAL RESOURCE~
COASTAL CONSTRUCTION PEP~4IT AND AG[-?~EE~ENT
No. BBS 72-24
THIS PERMIT ANDSGREE~LENT, made and entered into this
~. day of ~. C~.~ , 19 ~ 2,~, between the DEPART-
MENT OF NATURAL RESOURCES OF THE STATE OF FLORIDA, herein-
after, called the Department, party of the first part, and
City. of Delray Beach
hereinafter called the Permittee, party of the second part.
WITNESSETH: That for and in consideration of the pay-
ment of - waived - , and other good.and
valuable consideration, the Department does hereby grant the
'Permittee, under the provisions of Sections 161.041 and
161.051, Florida Statutes, and subject to the specific terms
and conditions hereinafter set forth, the right to perform
the work or activity described as follows: Restoreapproximately
2.8 miles of eroded beach with sand material to be dredged from off-shore.
The beach will be restored to a maximum elevat'ion of +8.5 feet Mean High
- Water, and will be approximately 100 feet wide. Approximately 2,~00,000
· cubic yards of mater~al will be required.
upon the sovereignty lands of the State of Florida, below the.
., mean high'water line, at the following described location in
Palm Beach County, Florida, to-wit:_ AlonK A~lantic
Oc~ao ~oa~t.line, City limits of D¢lray ~each~ Section t6~ 21~ and 98
Township 46.Sou[h~ Rgnge 43 East.
The right to perform such work or activity is granted
subject to the applicable provisions of law and the follow- ..
lng terms and conditions:
(1) The Permittee shall comply with any specific
requirements imposed in this case by the Bureau
of Beaches and Shores of the Department, attached
hereto and made a p'art of this permit and agreement.
(2) The Permittee shall in no way obstruct or
impair the use of the beach by the public in the
area below the mean high water line, except to a
minimum extent determined by the Bureau of Beaches
and Shores to be unavoidable. -
(3) The rights granted by this permit and agree-
ment shall not be construed as a conveyance of
title to or a waiver of rights in the sovereignty
lands held by the Board of Trustees of the Inter-
nal Improvement Trust Fund and the State of Florida.
(4) The Permittee hereby agrees to hold and save
the Department, the Trustees of the Internal
Improvement Trust Fund and the State of Florida
harmless from any damage to persons or property
which might result from the work or activity
~permitted hereunder.
(5) The Permittee agrees to adjust, alter or
remove any structure or other physical evidence
of the work or activity permitted hereunder, as .
directed by the Bureau of Beaches and Shores of
the Department, if in the opinion of the Depart-
ment the structure, work or activity i~ question
results in damage to surrounding property or
otherwise proves to be undesirable or becomes
unnecessary. Adjustment, alteration or removal
required under this provision shall be accom-
plished by the Permittee at no cost to the State
of Florida. The decision of the Department as
to whether adjustment, alteration.or removal is
required shall be final, and the Department shall
set reasonable time limits within which adjust-
ment, alteration or removal shall be accomplished.
(6) In the event the Permittee does not adjust,
alter or remove the structures or other physical r
evidence of the work or activity permitted here-
under, at the Permittee's expense, after written
notice by the Bureau of Beaches and Shores and
an opportunity for the Permittee to be heard
(request for such hearing must be filed by the
Permittee with the Department within 20 days after
such notice), adjustment, alteration or removal
may be accomplished by the Department at its own
expense, and the cost thereof shall become a lien
upon the upland property of the Permittee.
(7) The Permittee agrees to provide the Depart-
ment with an acceptable surety bond in the amount
of waived Dollars ($ waived ), for such
per~od or periods of time as may be required, to
guarantee full compliance by the Permittee with
provisions, terms and conditions of this permit
and agreement. Requirement for such bond may be
waived, discontinued at anytime, renewed for
successive terms or kept.in force perpetually,
at the discretion of the BureaU of Beaches and
Shores of the Department.
206-NNN
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(8) When the project is completed the Permittee
agrees to furnish certification by a professional
engineer, registere¢] in the State of Florida,
that the project has been completed and is accept-
able and satisfactory in accordance %.,ith the
plans and specifications approved hereby.
(9) It is expressly understood that this permit
and agreement does not relieve the Permittee.of
responsibility for compliance with permit require-
me'nts of the U. S. Army Corps of Engineers and
any applicable local 1.~.ws and regulations.
IN WITNESS WHEREOF, the Executive Director of the
· Department of Natural Resources of the State of Florida
' and City of Delray Beach '
have set their hands and have caused these presents to
be duly executed on the date first above written.
ATTEST: (SEAL)
EXECUTIVE DIRECTOR
EXECUTIVE SECRETARY
WITNESSES:
/' PERMITTEE ~ ~